OHIO 

SCHOOL 


LAWS 


IN  FORCE  APRIL  25,  1904 


COMPLIMENTS  OF 

LEWIS  D.  BONEBRAKE 

COMMISSIONER 


IVK   FORMS   AND    DIRECTIONS    TO   SERVE 
14    GUIDE   FOR    SCHOOL   OFFICERS 


OHIO 


SCHOOL  LAWS 


IN  TORCE  APRIL  25,  1904. 


BLANK  TORA\S  AND  DIRECTIONS  TO  SERVE 
AS  A  GUIDE  TOR  SCHOOL  OEHCERS. 


Springfield,  Ohio: 

Tne  Springfield  Publishing  Company 

State  Printers. 

1904. 


CONSTITUTION  OP  OHIO 


RELATING  TO 

PUBLIC  SCHOOLS. 


ARTICLE  I. 

Sec.  7.  [Of  the  rights  of  conscience;  necessity  of  religion  and 
knowledge.]  *  *  *  Religion,  morality  and  knowledge,  however, 
being  essential  to  good  government,  it  shall  be  the  duty  of  the  general 
assembly  to  pass  suitable  laws  to  protect  every  religious  denomination 
in  the  peaceable  enjoyment  of  its  own  mode  of  public  worship,  and  to 
encourage  schools  and  the  means  of  instruction. 

"The  system  of  public  education  in  Ohio  is  .the  creature  of  the  Constitution  and 
statutory  laws  of  the  state.  It  is  left  to  the  discretion  of  the  general  assembly,  in  the 
exercise  of  the  general  legislative  power  conferred  upon  it  (Art.  II,  §  1),  to  determine 
what  laws  are  'suitable'  to  secure  the  organization  and  management  of  the  contemplated 
system  of  common  schools,  without  express  restriction,  except  that  'no  religious  or 
other  sect  or  sects  shall  ever  have  any  exclusive  right  to,  or  (control  of,  any  part  of  the 
school  funds  of  this  state.'  "  21  O.  S.,  198-205;  Day,  J. 

The  compulsory  education  law  comes  within  this  section.    5  C.  C.,  645.  • 

ARTICLE  II. 

Sec.  26.  [What  laws  to  have  uniform  operation.]  All  laws  of  a 
general  nature,  shall  have  a  uniform  operation  throughout  the  state ; 
nor,  shall  any  aet,  except  such  as  relates  to  public  schools,  be  passed, 
to  take  effect  upon  the  approval  of  any  other  authority  than  the  gen- 
eral assembly,  except,  as  otherwise  provided  in  this  Constitution. 

ARTICLE  VI. 

Sec.  i.  [Funds  for  educational  and  religious  purposes.]  The 
principal  of  all  funds,  arising  from  the  sale,  or  other  disposition  of 
lands,  or  other  property,  granted  or  intrusted  to  this  state  for  educa- 
tional and  religious  purposes,  shall  forever  be  preserved  inviolate, 
and  undiminished;  and,  the  income  arising  therefrom,  shall  be  faith- 
fully applied  to  the  specific  objects  of  the  original  grant,  or  appro- 
priations. 

Sec.  2.  [School  funds.]  The  general  assembly  shall  make  such 
provisions,  by  taxation,  or  otherwise,  as,  with  the  income  arising  from 
the  school  trust  fund,  will  secure  a  thorough  and  efficient  system  of 
common  schools  throughout  the  state ;  but  no  religious  or  other  sect, 


6  CONSTITUTION   OF   OHIO. 

or  sects,  shall  ever  have  any  exclusive  right  to,  or  control  of,  any  part 
of  the  school  funds  of  this  state. 

Religious  Instruction,  or  the  reading  of  the  Bible  in  the  public  schools,  is  not  re- 
quired by  the  Constitution.  The  board  of  education  have  the  sole  management  of  the 
schools,  and  the  courts  cannot  direct  what  instruction  shall  be  given  or  what  books  read. 
23  O.  8.,  211. 

A  requirement  of  a  board  of  education  that  the  Bible  be  read  in  the  schools  as  an 
opening  exercise  cannot  be  Interfered  with  by  the  courts,  and  is  not  in  violation  of  any 
constitutional  rights.  1  N.  P..  140. 

It  is  an  unlawful  diversion  of  the  school  funds  of  the  state  of  Ohio  for  a  board  of 
education  to  authorize  the  teaching  of  religion  as  a  regular  branch  of  study.  Attorney 
General 

ARTICLE  XII. 

Sec.  2.  [Taxation  by  uniform  rule.]  Laws  shall  be  passed,  by 
taxing  by  a  uniform  rule,  all  moneys,  credits,  investments  in  bonds, 
stocks,  joint  stock  companies,  or  otherwise ;  and  also  all  real  and  per- 
sonal property,  according  to  its  true  value  in  money;  but  burying 
grounds,  public  school  houses,  houses  used  exclusively  for  public  wor- 
ship, institutions  of  purely  public  charity,  public  property  used  ex- 
clusively for  any  public  purpose,  and  personal  property,  to  an 
amount  not  exceeding  in  value  two  hundred  dollars,  for  each  in- 
dividual, may,  by  general  laws,  be  exempted  from  taxation ;  but  all 
such  laws  shall  be  subject  to  alteration  or  repeal ;  and  the  value  of 
all  property,  so  exempted,  shall,  from  time  to  time,  be  ascertained  and 
published,  as  may  be  directed  by  law. 

School  property  is  not  liable  to  assessment  for  street  improvement;  nor  can  a 
Judgment  be  rendered  against  the  board  of  education  for  the  payment  of  the  assessment 
out  of  Ita  contingent  fund.  48  O.  S.,  83. 

Sidewalk— School  property  not  assessable  for.    48  O.  S.,  87. 


INTERPRETATION   OF   STATUTES. 


INTERPRETATION  OF  STATUTES. 


Sec.  23.  R.  S.  [Interpretation  of  certain  words.]  In  the  inter- 
pretation of  Parts  First  and  Second,  unless  the  context  shows  that  an- 
other sense  was  intended,  the  word  "bond"  includes  an  "undertaking," 
and  the  word  "undertaking"  includes  a  "bond";  "and"  may  be  read 
"or,"  and  "or"  read  "and,"  if  th$  sense  requires  it ;  words  of  the  present 
include  a  future  tense,  in  the  masculine,  include  the  feminine  and 
neuter  genders,  and  in  the  plural  include  the  singular  and  in  the 
singular  include  the  plural  number;  but  this  enumeration  shall  not 
be  construed  to  require  a  strict  construction  of  other  words  in  said 
Parts,  or  in  this  Code. 

A  construction  which  gives  effect  to  every  section  and  clause 
must  be  favored.  I  O.,  381,  385 ;  2  O.,  395,  398 ;  17  O.  S.,  52,  68 ;  3  O., 
187,  193;  5  O.,  48,  51 ;  2  O.  S.,  147,  151- 

Each  part  must  harmonize  with  each  other,  and  a  construction  of 
one  clause  which  will  neutralize  another  cannot  be  correct.  3  O.,  187, 
193 ;  2  O.,  395,  398 ;  5  O.,  48,  51. 

What  is  plainly  implied  in  a  statute  is  as  much  a  part  of  it  as  what 
is  expressed.  50  O.  S.,  330. 

The  ordinary  and  natural  import  of  words  consistent  with  the 
common  sense  of  the  community  is  to  be  adopted  in  arriving  at  leg- 
islative intent.  5  O.,  65,  71 ;  25  O.  S.,  26,  28. 

In  considering  questions  arising  under  the  school  legislation  of 
the  state,  such  construction  should  be  placed  upon  its  various  en- 
actments, and  the  several  provisions  thereof,  as  will  give  harmony 
to  our  educational  system,  and  secure,  as  far  as  practicable,  its  equal 
benefits,  and  the  reasonable  facilities  for  their  enjoyment  to  every 
locality.  21  O.  S.,  339. 

Penal  statutes  must  be  construed  strictly,  and  cannot  be  ex- 
tended by  implication  to  cases  not  strictly  within  their  terms.  20  O., 
7 ;  18  O.,  1 1 ;  38  O.  S.,  659 ;  44  O.  S.,  347. 

While  the  opinion  of  the  state  commissioner  of  common  schools 
cannot  have  the  force  of  a  judicial  interpretation,  it  is  of  great 
force  as  the  opinion  of  an  eminent  educator,  who  was  at  the  head 
of  the  school  system  of  the  state,  and  presumably  familiar  with  the 
necessities  of  the  schools.  2  C.  C.,  366;  Stewart,  J. 


REVISED  STATUTES  or  OHIO 


PART  riRST-TITLC  III 


CHAPTER  XIII. 


STATE   COMMISSIONER   OF   COMMON    SCHOOLS. 


SECTION. 

354.  State       commissioner      of       common 

schools;     election     and     term     of; 
proviso. 

355.  Bond. 

356.  His  office;  books  and  papers;  prohibi- 

tions. 

357.  His  duties  to  teachers'  institutes,  etc. 

358.  His  supervision  over  school  funds  and 

school  officers. 

359.  Shall  prepare  and  transmit  forms  and 

instructions. 

360.  Shall  cause  school  laws,  with  forms, 

etc.,  to  be  printed  and  distributed. 


SECTION. 

361.  Annual    report    of    commissioner    of 

schools. 

362.  What  the  report  shall  contain. 

363.  Shall    require    reports    from    private 

schools,  etc. 

364.  His  duty  on  complaint  of  fraudulent 

use  of  money;  appointment  of  ex- 
aminer. 

365.  Powers,  duties,  and  compensation  of 

examiner. 

366.  Duty    of   judge    and   prosecuting    at- 

torney. 


Sec.  354.  [State  commissioner  of  common  schools;  election  and 
term  of;  proviso.]  There  shall  be  elected  triennially,  at  the  general 
election  for  state  officers,  a  state  commissioner  of  common  schools, 
who  shall  hold  his  office  for  the  term  of  three  years  from  the  second 
Monday  of  July  succeeding  his  election ;  and  in  case  of  a  vacancy 
occurring  by  death,  resignation,  or  otherwise,  the  governor  shall  fill 
the  same  by  appointment.  Provided,  that  the  state  commissioner  of 
common  schools  now  in  office  shall  continue  to  hold  his  office  until 
three  years  from  the  second  Monday  of  July  succeeding  his  election. 
(1884,  March  27;  81  v.  89;  Rev.  Stat.  1880;  70  v.  195,  §  102;  S.  &  C, 
1362.) 

Sec.  355.  [His  official  bond,  and  oath.]  Before  entering  upon 
the  discharge  of  his  official  duties,  the  commissioner  shall  give  bond 
in  the  sum  of  five  thousand  dollars  to  the  state,  with  two  or  more 
sureties,  to  the  acceptance  of  the  secretary  of  state,  conditioned  that 
he  will  truly  account  for  and  apply  all  moneys  or  other  property 
which  may  come  into  his  hands  in  his  official  capacity,  and  that  he 
will  faithfully  perform  the  duties  enjoined  upon  him  according  to 
law;  which  bond,  with  his  oath  of  office  indorsed  thereon,  shall  be 
filed  with  the  treasurer  of  state.  (70  v.  195,  §  103;  S.  &  C.  1362.) 

Sec.  356.  [Office;  books  and  papers;  prohibitions.]  The  books 
and  papers  of  his  department  shall  be  kept  at  the  seat  of  government 
where  a  suitable  office  shall  be  furnished  by  the  state,  at  which  he 


10  OHIO   SCHOOL   LAWS. 


Ch.  13.  State  Commissioner  of  Common  Schools. 

shall  give  attendance  not  less  than  ten  months  in  each  year,  except 
when  absent  on  public  duty ;  and  he  shall  not,  while  holding  the  office 
of  state  commissioner  of  common  schools,  perform  the  duties  of 
teacher  or  superintendent  of  any  public  or  private  school,  or  be  em- 
ployed as  teacher  in  any  college,  or  hold  any  other  office  or  position 
of  emolument.  (90  v.  13;  70  v.  195,  §  104;  S.  &  C,  1362.) 

Sec.  357.  [His  duties  in  visiting  the  several  judicial  districts.] 
The  commissioner  shall  visit  annually,  each  judicial  district  of  the 
state,  superintending  and  encouraging  teachers'  institutes,  conferring 
with  boards  of  education  or  other  school  officers,  counseling  teachers, 
visiting  schools  and  delivering  lectures  on  topics  calculated  to  sub- 
serve the  interests  of  popular  education.  (70  v.  195,  §  105 ;  S.  &  C., 
1362.) 

Sec.  358.  [His  supervision  over  school  funds ;  may  require  reports 
from  certain  officers.]  He  shall  also  exercise  such  supervision  over 
the  educational  funds  of  the  state  as  is  necessary  to  secure  their  safety 
and  right  application  and  distribution  according  to  law.  He  has 
power  to  require  of  county  auditors,  boards  of  education,  clerks  and 
treasurers  of  boards  of  education,  or  other  local  school  officers,  and 
county  treasurers,  copies  of  all  reports  by  them  required  to  be  made, 
and  all  such  other  information  in  relation  to  the  funds  and  condition 
of  schools  and  the  management  thereof  as  he  deems  important.  (70 
v.  195,  §  io6;S.  &C,  1362.) 

Sec.  359.  [Shall  prepare  forms,  etc.]  He  shall  prescribe  suitable 
forms  and  regulations  for  making  all  reports  and  conducting  all  neces- 
sary proceedings  under  the  school  laws,  and  cause  the  same,  with  such 
instructions  as  he  deems  necessary  and  proper  for  the  organization 
and  government  of  schools,  to  be  transmitted  to  the  local  school  offi- 
cers, who  shall  be  governed  in  accordance  therewith.  (70  v  195 
§  107  ;S.  &C,  1363.) 

Sec.  360.  [Duties  as  to  distribution  of  school  laws,  etc.]  He 
shall  cause  as  many  copies  of  the  laws  as  are  necessary,  relating  to 
schools  and  teachers'  institutes,  with  an  appendix  of  appropriate  forms 
and  instructions  for  carrying  into  execution  all  such  laws,  to  be 
printed  in  a  separate  volume,  and  distributed  to  each  county  with  the 
laws,  journals,  and  other  documents,  for  the  use  of  the  school  officers 
therein,  as  often  as  any  change  in  the  laws  is  made  of  sufficient  im- 
portance, in  the  opinion  of  the  commissioner,  to  require  a  republi- 
cation  and  distribution  thereof.  (70  v.  195,  §  108;  S.  &  C.,  1363!) 

Sec.  361.  [Annual  report  of  commissioner  of  schools.]  He  shall 
make  an  annual  report,  on  or  before  the  fifteenth  day  of  November,  to 
the  general  assembly,  when  that  body  is  in  session,  and  when  not  in 


OHIO   SCHOOL   LAWS.  11 


State  Commissioner  of  Common  Schools.  Ch.  13. 

session  the  report  shall  be  made  to  the  governor,  who  shall  cause  the 
same  to  be  published,  and  shall  also  communicate  a  copy  thereof  to 
the  general  assembly  at  the  beginning  of  the  next  session.  (1888,  Apr. 
ii :  85  v.  192;  Rev.  Stat.  1880;  70  v.  195,  §  109;  S.  &  C.,  1363.) 

Sec.  362.  [What  it  shall  present.]  In  his  annual  report  he  shall 
present  a  statement  of  the  condition  and  amount  of  all  funds  and 
property  appropriated  to  purposes  of  education ;  a  statement  of  the 
number  of  common  schools  in  the  state,  the  number  of  scholars 
attending  such  schools,  their  sex,  and  the  branches  taught;  a  state- 
ment of  the  number  of  private  or  select  schools  in  the  state,  so  far 
as  the  same  can  be  ascertained,  and  the  number  of  scholars  attending 
such  schools,  their  sex,  and  the  branches  taught;  a  statement  of  the 
number  of  teachers'  institutes,  and  the  number  of  teachers  attend- 
ing them,  and  the  number  of  instructors  and  lecturers,  and  the  amount 
paid  to  each ;  a  statement  of  the  estimates  and  accounts  of  the  expen- 
ditures of  the  public  school  funds  of  every  description ;  a  statement 
of  plans  for  the  management  and  improvement  of  common  schools, 
and  such  other  information  relative  to  the  educational  interests  of  the 
state  as  he  deems  of  importance.  (70  v.  195,  §  no;  S.  &  C.,  1363.) 

Sec.  363.  [Shall  require  reports  from  private  schools,  etc.  He 
shall,  annually,  require  of  the  president,  manager,  or  principal  of  every 
seminary,  academy,  and  private  school,  a  report  of  such  facts,  arranged 
in  such  form  as  he  prescribes,  and  shall  furnish  blanks  for  such  reports ; 
and  it  is  made  the  duty  of  every  such  president,  manager,  or  principal, 
to  fill  up  and  return  such  blanks  within  the  time  the  commissioner 
directs.  (73  v.  225,  §  i.) 

Sec.  364.  [Duties  of  commissioner  on  complaint  of  fraudulent  use 
of  money,  etc. ;  appointment  of  accountant  to  investigate  charges.] 
When  a  complaint  is  made  to  the  state  commissioner  of  common 
schools,  in  writing,  verified  by  the  affidavits  of  at  least  three  free- 
holders and  taypayers,  resident  of  any  school  district  in  the  state, 
and  bearing  the  certificate  of  the  auditor  or  auditors  of  the  respective 
county,  or  counties,  in  which  said  district  is  located,  that  said  affiants 
are  freeholders  and  taxpayers,  alleging  that  they  have  good  reason  to 
and  do  believe  that  any  portion  of  the  school  fund  of  such  district  ha> 
been  expended,  or  is  being  expended,  contrary  to  law,  or  has  been 
fraudulently,  unlawfully,  or  corruptly  used,  or  misapplied,  by  any  oi 
the  officers  of  such  district,  or  that  there  have  been  fraudulent  entries 
in  the  books,  accounts,  vouchers,  or  settlement  sheets  thereof,  by  any 
such  officers,  or  that  any  of  such  officers  have  not  made  settlements  of 
their  account  as  required  by  law,  or  whenever  from  information  filed 
in  his  office,  or  from  other  cause,  the  state  commissioner  of  common 


12  OHIO  SCHOOL  LAWS. 


Ch.  13.  State  Commissioner  of  Common  Schools. 


schools  may  deem  it  necessary  for  the  safety  and  security  of  the  public 
funds  of  any  school  district,  situated  in  the  state  of  Ohio,  he  is 
authorized  and  required  to  appoint  some  trustworthy  and  competent 
accountant,  for  the  purpose  of  investigating  such  complaint,  or  alle- 
gations, who  after  being  duly  commissioned  by  said  state  commis- 
sioner of  common  schools  and  sworn  by  any  person  authorized  by 
law  to  administer  oaths,  shall  forthwith  visit  such  school  district  and 
take  possession  of  all  the  books,  papers,  vouchers  and  accounts  of 
such  district  and  investigate  the  truth  of  the  allegations  of  such  com- 
plaint, and  the  condition  of  the  school  fund  of  such  district;  and  the 
several  officers  of  such  school  district,  on  the  application  of  such 
examiner,  shall  immediately  place  in  his  possession  all  their  books, 
accounts,  contracts,  vouchers,  and  other  papers  having  reference  to 
the  receipts  and  disbursements  of  the  school  funds;  and  the  county 
auditor  and  treasurer  shall  give  such  examiner  free  access  to  all  the 
records,  books,  papers,  vouchers,  and  accounts  of  their  respective 
offices  having  reference  to  the  object  of  such  investigation,  and  said 
examiner  is  authprized,  by  and  with  the  written  consent  of  the  prose- 
cuting attorney,  or  the  judge  of  the  court  of  common  pleas  of  the 
county  in  which  such  district  is  located,  to  require  the  assistance  of 
the  official  stenographer  of  said  county,  in  making  such  examination ; 
and  said  stenographer  shall  receive  only  such  compensation  and  in  the 
manner  provided  in  section  478,  Revised  Statutes,  upon  the  certificate 
of  the  prosecuting  attorney  of  said  county.  (94  v.  312 ;  72  v.  82,  §  i.) 
Sec.  365.  [Powers  and  duties  of  examiner;  his  compensation; 
payment  thereof.]  Such  examiner  shall  have  authority  to  call  before 
him  forthwith,  upon  written  notice,  and  examine  witnesses,  under  oath, 
to  be  administered  by  him ;  and  he  shall  immediately  after  completing 
such  investigation,  report  in  writing,  in  duplicate,  setting  forth  the 
condition  of  the  books,  vouchers,  and  accounts  of  such  district,  the 
amount  of  school  funds  received  for  any  and  all  purposes,  and  from 
whatever  source,  the  amount  expended,  and  for  what,  and  the  amount 
actually  in  the  treasury,  one  copy  of  which  report  he  shall  file  in  the 
office  of  the  clerk  of  the  court  of  common  pleas  of  the  county  in  which 
such  district  is  situate,  and  the  other  copy  he  shall  transmit  to 
the  state  commissioner  of  common  schools  at  Columbus;  and  the 
examiner  so  appointed  and  performing  the  duties  herein  required, 
shall  receive  as  compensation  a  per  diem  of  five  dollars  for  each  day 
necessarily  engaged  in  the  performance  of  his  duties,  and  shall  also 
receive  five  cents  for  each  mile  by  him  necessarily  traveled  in  that 
behalf;  but  no  mileage  shall  be  allowed  for  a  greater  distance  than 
from  Columbus  to  such  district;  and  such  compensation  and  mileage 


OHIO    SCHOOL   LAWS.  13 


State  Commissioner  of  Common  Schools.  Ch.  13. 

shall  be  paid  out  of  the  county  treasury  upon  the  warrant  of  the 
county  auditor,  and  if  the  investigation  establish  the  truth  of  any 
material  allegation  in  such  complaint,  then  such  amount  so  paid  shall 
be  assessed  by  the  county  auditor  upon  the  taxable  property  of  the 
district,  to  be  collected  as  other  taxes  are  for  the  use  of  such  county 
treasurer.  (94  v.  313;  72  v.  82,  §  2.) 

Sec.  366.  .  [Adverse  report  of  examiner  to  be  given  in  charge  to 
the  grand  jury ;  duty  of  prosecuting  attorney.]  The  judge  of  the  court 
of  common  pleas  of  the  proper  county  shall  examine  the  report  so 
filed  in  the  clerk's  office,  as  provided  in  section  three  hundred  and 
sixty-five,  and  if  it  appear  therefrom  that  any  part  of  the  common 
school  fund  has  been  fraudulently,  unlawfully,  or  corruptly  used  or 
misapplied,  or  that  there  has  been  fraud  in  any  of  the  entries,  accounts, 
vouchers,  contracts,  or  settlements,  or  that  the  settlements  have  not 
been  made  as  required  by  law,  or  that  there  appears  any  defalcation  or 
embezzlement  on  the  part  of  any  of  the  officers  of  such  school  district, 
he  shall  give  the  report  specially  in  charge  to  the  grand  jury  at  the 
term  of  the  court  of  common  pleas  next  after  the  filing  of  the  same ; 
and  the  prosecuting  attorney  of  such  county  shall  forthwith  institute 
and  carry  forward  such  proceedings,  civil  or  criminal,  or  both,  against 
the  delinquent  officer  or  officers  of  such  district  as  is  authorized  by  law. 
(72  v.  82,  §  3.) 


PART  SECOND— TITLE  III. 


SCHOOLS. 

Classification  and  Change  of  Districts. 

City  School  Districts. 

Village  School  Districts. 

Township   School   Districts. 

Special  School  Districts. 

School  Funds. 

Provisions  Applying  to  all  Boards. 

School  Houses  and  Libraries. 

Schools  and  Attendance  Enforced. 

Enumeration,  Treasurer,  and  Clerk. 

Reports. 

Boards  of  Examiners. 

Teachers'  Institutes. 
Chapter  130.    State  Normal  Schools. 
Chapter  14.     Universities. 
Chapter  15.     Schools  Specially  Endowed. 


Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter  10. 

Chapter  n. 

Chapter  12. 

Chapter  13. 


CHAPTER  I. 


CLASSIFICATION   AND  CHANGE  OF  DISTRICTS. 


SECTION. 

3885.    Classification  of  school  districts. 

388*.    City  school  districts. 

3887.  Repealed. 

3888.  Village  school  districts. 

3880.  Change  of  classification  In  certain 
cases;  terms  of  members  of  boards 
of  education  whert  classification  Is 
changed;  village  districts  abolished 
by  surrender  of  corporate  power 
of  municipality. 

3890.    Township  school  districts. 


SECTION. 

3891.  Special  school  districts. 

3892.  Territory  must  be  contiguous. 

3893.  Annexation  of  territory  to  cities  and 

villages. 

3894.  Transfer  of  territory  by  agreement 

between  boards  of  education. 

3895.  Transfer  of  territory  by  proceedings 

In  probate  court. 

3896.  Division  of  funds  and   indebtedness 

when    territory    is    transferred    or 
annexed. 


Sec.  3885.  [Classification  of  school  districts.] The  state  is  hereby 
divided  into  school  districts  to  be  styled  respectively,  city  school 
districts  ;  village  school  districts  ;  township  school  districts  ;  and  special 
school  districts.  (Passed  and  Approved  April  25,  1904.) 


OHIO  SCHOOL  LAWS.  15 


Classification  and  Change  of  Districts.  Ch.  1. 

Sec.  3886.  [City  school  districts.]  Each  incorporated  city,  now 
existing  or  hereafter  created,  together  with  the  territory  attached  to 
it  for  school  purposes,  and  excluding  the  territory  within  its  corporate 
limits  detached  for  school  purposes,  shall  constitute  a  city  school 
district.  (Passed  and  approved  April  25,  1904.) 

Sec.  3887.     Repealed  April  25,  1904. 

Sec.  3888.  [Village  school  districts.]  Each  incorporated  village 
now  existing  or  hereafter  created,  together  with  the  territory  attached 
to  it  for  school  purposes,  and  excluding  the  territory  within  its  cor- 
porate limits  detached  for  school  purposes,  shall  constitute  a  village 
school  district.  (Passed  and  approved  April  25,  1904.) 

Sec.  3889.  [Change  of  classification  in  certain  cases;  terms  of 
members  of  boards  of  education  when  classification  is  changed; 
village  districts  abolished  by  surrender  of  corporate  power  of  munici- 
pality.] When  a  village  is  advanced  to  a  city,  the  village  school  dis- 
trict shall  thereby  become  a  city  school  district ;  when  a  city  is  reduced 
to  a  village  the  city  school  district  shall  thereby  become  a  village 
school  district.  The  members  of  the  board  of  education  in  village 
school  districts  that  are  advanced  to  city  school  districts,  and  in  city 
school  districts  that  are  reduced  to  village  school  districts,  shall  con- 
tinue in  office  until  succeeded  by  the  members  of  the  board  of  edu- 
cation of  the  new  district,  who  shall  be  elected  at  the  next  succeeding 
annual  election  for  school  board  members.  Upon  the  creation  and 
incorporation  of  a  village,  the  same  shall  thereby  become  a  village 
school  district,  and  if  said  village  was,  previous  to  its  creation  and 
incorporation,  included  within  the  boundaries  of  a  special  school  dis- 
trict but  said  special  district  included  more  territory  than  is  included 
within  the  village  limits,  said  territory  shall  be,  and  thereby  is,  at- 
tached to  said  village  school  district  for  school  purposes ;  when  a  vil- 
lage surrenders  its  corporate  powers  the  village  school  district  shall  be 
thereby  abolished  and  the  territory  formerly  constituting  said  village 
district  shall  become  a  part  of  the  township  school  district  or  districts 
of  the  civil  township  or  townships  in  which  it  is  situated,  and  all  school 
property  shall  pass  to  and  become  vested  in  the  township  board  of 
education  of  the  civil  township  in  which  it  is  situated ;  the  provisions 
of  section  1536-4  of  the  Revised  Statutes  of  Ohio  in  regard  to  the 
settlement  of  the  affairs  of  a  village  that  has  surrendered  its  corporate 
powers  shall  also  apply  to  the  village  school  district  and  the  board  of 
education  of  the  same,  and  in  case  the  village  school  district  is  situated 
in  two  or  more  townships  any  distribution  of  funds  shall  be  made  in 
proportion  to  the  total  tax  valuation  of  the  property  situated  in  the 
several  townships.  (Passed  and  approved  April  25,  1904.) 


16  OHIO   SCHOOL   LAWS. 


Ch.  1.  Classification  and  Change  of  Districts. 

Sec.  3890.  [Township  school  districts.]  Each  civil  township 
together  with  the  territory  attached  to  it  for  school  purposes,  and  ex- 
cluding the  territory  within  its  established  limits  detached  for  school 
purposes,  shall  constitute  a  township  school  district.  (Passed  and 
approved  April  25,  1904.) 

Sec.  3891.  [Special  school  districts.]  Any  school  district,  now 
existing,  other  than  a  city,  village  or  township  school  district,  and  any 
school  district  organized  under  the  provisions  of  chapter  5  of  this 
title,  shall  constitute  a  special  school  district.  (Passed  and  approved 
April  25,  1904.) 

Sec.  3892.  [Territory  must  be  contiguous.]  The  territory  in- 
cluded within  the  boundaries  of  any  city,  village  or  special  school 
district  shall  be  contiguous.  (Passed  and  approved  April  25,  1904.) 

Sec.  3893.  [Annexation  of  territory  to  cities  and  villages.] 
Whenever  territory  is  annexed  to  a  city  or  village,  such  territory 
thereby  becomes  a  part  of  the  city  or  village  school  district  and  the 
legal  title  to  all  school  property  in  said  territory  shall  be  thereby 
vested  in  the  board  of  education  of  such  city  or  village  school  district. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3894.  [Transfer  of  territory  by  agreement  between  boards 
of  education.]  A  part  or  the  whole  of  any  school  district  may  be 
transferred  to  an  adjoining  school  district  by  the  mutual  consent 
of  the  boards  of  education  having  control  of  such  district;  to  secure 
such  consent  it  shall  be  necessary  for  each  of  said  boards  to  pass  a 
resolution  indicating  the  action  taken  and  definitely  describing  the 
territory  to  be  transferred,  and  the  passage  of  said  resolution  shall 
require  a  majority  vote  of  the  full  membership  of  each  board,  to  be 
taken  by  a  yea  and  nay  vote  and  the  vote  of  each  member  to  be 
entered  on  the  records  of  such  boards ;  but  such  transfer  shall  not 
take  effect  until  a  map  showing  the  boundaries  of  the  territory  trans- 
ferred is  placed  upon  the  records  of  such  boards,  and  copies  of  the 
resolution  certified  to  the  president  and  clerk  of  each  board, 
together  with  a  copy  of  said  map,  is  filed  with  the  auditor  or  auditors 
of  the  county  or  counties  in  which  such  transferred  territory  is 
situated.  (l'a>>ed  and  approval  .\\>r\\  25,  1904.) 

Sec.  3895.  [Transfer  of  territory  by  proceedings  in  probate 
court.]  Territory  can  also  be  transferred  from  one  school  district 
to  another  in  the  following  manner:  A  petition  signed  by  not  less 
than  one-half  of  the  qualified  male  citizens  who  are  electors  residing 
in  the  territory  sought  to  be  transferred  and  accompanied  by  a  cor- 
rect map  of  said  territory,  shall  be  filed  with  the  clerks  of  the  boards 
of  education  interested  and  if  such  boards  of  education  fail  or  refuse  to 


OHIO    SCHOOL   LAWS.  17 


Classification  and  Change  of  Districts.  Ch.  1. 

transfer  such  territory  by  mutual  consent,  as  provided  for  in  section 
thirty-eight  hundred  and  ninety-four  of  the  Revised  Statutes  of  Ohio, 
within  sixty  days  after  the  filing  of  said  petition  and  map,  the  petitioner 
shall  file  a  copy  of  said  petition  and  map  in  the  probate  court  of  the 
county  in  which  such  territory  is  situated,  or  if  the  territory  be  in  two 
or  more  counties,  in  the  probate  court  of  the  county  containing  the 
largest  proportionate  share  of  the  territory  to  be  transferred ;  the  peti- 
tions [petitioners]  shall  be  required  to  give  satisfactory  security  for  the 
costs  in  the  sum  of  one  hundred  dollars,  conditioned  that  the  sureties 
shall  pay  all  the  costs  in  case  the  transfer  is  not  granted ;  the  probate 
judge  shall  thereupon  fix  a  day  for  the  hearing  of  said  petition  and 
shall  cause  to  be  published  for  four  consecutive  weeks,  in  two  news- 
papers of  opposite  politics,  printed  and  of  general  circulation  in  the 
county,  a  notice  of  the  filing  of  such  petition  and  of  the  time  of  the 
hearing,  and  he  shall  also  notify  the  clerks  of  the  boards  of  education 
interested  of  the  filing  of  the  petition  and  the  time  of  hearing;  the 
probate  judge  is  authorized  and  empowered  to  hear  and  determine 
the  case  and  give  judgment  for  or  against  such  transfer  and  his  judg- 
ment shall  be  final.  In  case  the  finding  is  against  the  transfer,  judg- 
ment shall  be  rendered  against  the  petitioners  for  the  costs  of  the  pro- 
ceedings, and  if  the  finding  is  for  the  transfer,  judgment  shall  be 
rendered  against  each  of  the  boards  of  education  interested  for  one- 
half  of  the  costs,  or  if  more  than  two  boards  are  interested  judgment 
shall  be  rendered  against  each  for  its  equal  proportionate  share  of 
the  costs.  A  certified  copy  of  the  findings  of  the  court,  together  with 
a  copy  of  the  map  of  the  territory  transferred,  shall  be  filed  in  the 
office  of  the  county  auditor  by  the  probate  judge.  (Passed  and  ap- 
proved April  25,  1904.) 

Sec.  3896.  [Division  of  funds  and  indebtedness  when  territory 
is  transferred  or  annexed.]  When  territory  is  transferred  from  one 
school  district  to  another  under  the  provisions  of  section  3894  of  the 
Revised  Statutes  of  Ohio,  the  equitable  division  of  funds  or  indebted- 
ness shall  be  determined  upon  at  the  time  of  the  transfer.  When 
territory  is  transferred  from  one  school  district  to  another  by  pro- 
ceedings in  the  probate  court,  or  by  the  annexation  of  territory  to 
a  city  or  village,  the  proper  division  of  funds  in  the  treasury,  or  in 
the  process  of  collection,  of  the  board  of  education  of  the  school  dis- 
trict from  which  the  territory  is  detached,  shall,  upon  application  to 
the  probate  court  of  the  county  in  which  such  territory  is  situated  by 
either  board  of  education  interested,  be  determined  and  ordered  by 
said  court ;  in  case  said  board  of  education  is  indebted,  such  indebted- 
ness together  with  the  proper  amount  of  money  to  be  paid  to  said 

2— S.  L. 


18  OHIO   SCHOOL   LAWS. 


Ch.  1.  Classification  and  Change  of  Districts. 

board  of  education  by  the  board  of  education  of  the  school  district 
to  which  the  territory  is  transferred,  annexed,  or  the  district  created, 
shall  be,  in  a  like  manner,  determined  and  ordered  by  said  court. 
If  the  territory  is  situated  in  two  or  more  counties  the  application 
and  proceedings  shall  be  had  in  the  probate  court  of  the  county  con- 
taining the  largest  proportionate  share  of  said  transferred  territory. 
The  findings  of  the  probate  court  shall  be  final.  (Passed  and  approved 
April  25,  1904.) 


OHIO   SCHOOL    LAWS. 


19 


City  School  Districts. 


Ch.  2. 


CHAPTER  II. 


CITY    SCHOOL,   DISTRICTS. 


3897.  Boards  of  education  in  city  dis- 
tricts; number  of  members;  ex- 
isting boards  to  fix  number  of 
members  and  divide  city  into 
sub-districts;  re-districting-; 

when  board  fails  to  divide  into 
districts ;  first  election,  how  con- 
.  ducted;  elections  held  there- 
after; change  in  membership  of 
board. 

3S97a.  Organization;  meetings;  president; 
clerk;  nomination  by  petition. 

3S97b.  Trustees  of  school  teachers'  pen- 
sion fund;  number,  election  and 
term. 

3897c.     How  fund  created. 

3897d.  Retirement  and  pension  of  teach- 
ers; meaning  of  term,  "teacher"; 
amount  of  pension;  who  not  en- 
titled to  pension;  how,  wnen 
fund  insufficient  to  pay  pensions. 

3897c.     Use  of  principal  and  Income. 

3S91f.  Monthly  certifications  of  deductions 
from  salaries. 


38970.     Who  custodian  of  fund;  duties. 

3897ft.  Rebate  in  case  of  resignation  or 
removal;  heirs;  legatees  or  as- 
signs of  deceased  teacher  en- 
titled to  half  amount  paid. 

3S97i.      Rules  and  regulations. 

3897;'.  Transfer  of  fund  now  existing  to 
trustees  herein  created. 

3897fc.  Deductions,  fines,  penalties  and  as- 
sessments, disposition  of. 

3897J.  Board  of  education  may  contribute 
to  pension  fund. 

3898.  Attached  territory,   assignment   of 

and  voting  in. 

3899.  Repealed. 

3900.  Re-districting  of  city  districts. 

3901.  Schools  for  deaf  children. 

3902.  Repealed. 

3903.  Repealed. 


Sec.  3897.  [Boards  of  education  in  city  districts;  number  of 
members.]  In  city  school  districts  the  board  of  education  shall 
consist  of  not  less  than  two  members  nor  more  than  seven  members 
elected  at  large,  by  the  qualified  electors  of  the  school  district,  and  of 
not  less  than  two  members  nor  more  than  thirty  members  elected 
from  sub-districts  by  the  qualified  electors  of  their  respective  sub- 
districts  ;  provided  that  in  city  school  districts  which  at  the  last 
preceding  federal  census  contained  a  population  of  not  less  than  fifty 
thousand  persons,  the  board  of  education  shall  consist  of  not  less 
than  three  members  nor  more  than  seven  members  elected  at  large, 
by  the  qualified  electors  of  such  city  school  districts. 

[Existing  boards  to  fix  number  of  members  and  divide  city  into 
sub-districts.]  Not  later  than  the  first  day  of  July  next,  after  the 
passage  of  this  act,  the  present  city  school  board,  board  of  education, 
school  council  or  other  city  school  legislative  body,  shall  pass  a  reso- 
lution fixing,  within  the  limits  prescribed  by  this  act,  the  number  of 
members  of  said  board  of  education  to  be  elected  at  large,  and  in  city 
school  districts  where  there  are  members  of  the  board  of  education  to 
be  elected  from  sub-districts,  they  shall  also,  at  the  same  time,  fix 
the  number  of  members  of  the  board  of  education  to  be  elected  by 
such  city  sub-districts.  The  said  city  school  board,  board  of  education, 
school  council  or  other  city  school  legislative  body,  in  city  school  dis- 
tricts where  there  are  members  of  the  board  of  education  to  be  elected 


20  OHIO   SCHOOL   LAWS. 


Ch.  2.  City  School   Districts. 


from  sub-districts,  shall,  at  the  same  time,  to-wit:  Before  the  first  day 
of  July  next,  after  the  passage  of  this  act,  subdivide  said  city  school 
district  into  sub-districts  equal  in  number  to  the  number  of  members 
of  the  board  of  education  in  said  city  school  district  who  are  to  be 
elected  from  sub-districts  therein  -established.  Said  sub-districts 
shall  be  bounded  as  far  as  practicable  by  corporation  lines,  streets. 
alleys,  avenues,  public  grounds,  canals,  water  courses,ward  boundaries, 
voting  precinct  boundaries  or  present  school  District  boundaries,  and 
shall  be  as  nearly  equal  in  population  as  possible,  and  shall  be  com- 
posed of  adjacent  and  as  compact  territory  as  possible.  The  lines  of 
sub-districts  so  fixed  shall  not  be  changed  until  after  each  succeeding 
federal  census. 

[Redistricting.J  Within  three  months  after  the  official  announce- 
ment of  the  result  of  each  succeeding  federal  census  the  board  of  edu- 
cation of  each  city  school  district  shall  redistrict  the  said  city  school 
district  into  sub-districts  in  accordance  with  the  provisions  of  this  act. 

PWhen  board  fails  to  divide  into  districts.]  If  the  city  school 
board  of  education,  school  council,  or  other  city  school  legislative  body 
shall  fail  to  district  or  redistrict  said  city  school  district  as  herein  re- 
quired, at  the  time  or  times  herein  specified,  then  and  in  that  event,  up- 
on the  application  of  the  president  of  the  board  of  education  the  state 
commissioner  of  common -schools  shall,  subject  to  the  requirements 
of  this  act,  forthwith  district,  or  re-district  said  city  school  districts. 

[First  election;  how  conducted.]  Provided  also,  that  school  sub- 
districts  shall  be  numbered  from  one  up,  consecutively,  and  that  a/ 
the  first  election  for  members  of  the  board  of  education  held  after 
the  passage  of  this  act,  the  members  to  be  elected  to  the  board  of  edu- 
cation from  sub-districts  of  odd  numbers  beginning  with  one,  shall 
be  elected  for  two  years,  and  those  elected  from  sub-districts  of  e\en 
numbers  shall  be  elected  for  four  years,  and  at  the  expiration  of  their 
respective  terms  their  successors  shall  be  elected  for  a  term  of  four 
years ;  and  provided  further,  that  at  the  said  first  election  the  members 
of  the  board  of  education  at  large  in  all  city  school  districts  shall  be 
elected  for  terms  as  follows:  If  there  be  but  two  members  of  the 
board  of  education  elected  at  large,  one  shall  be  elected  for  two  years 
and  one  for  four  years,  and  if  there  be  more  than  two,  and  the  number 
thereof  divisible  by  two,  the  one-half  of  such  board  shall  be  elected  for 
two  years  and  one-half  for  four  years  but  if  the  whole  number  of 
members  elected  at  large  be  not  divisible  by  two,  then  the  number  to 
be  elected  for  two  years  shall  be  the  quotient  obtained  by  dividing  the 
whole  number  to  be  elected  at  large,  less  one,  by  two,  and  the  remain- 
ing members  shall  be  elected  for  four  years. 


OHIO    SCHOOL   LAWS.  21 


City   School   Districts.  Ch.  2. 


[Elections  held  thereafter;  change  in  membership  of  board.] 
At  the  expiration  of  their  respective  terms  their  successors  shall 
be  elected  for  four  years.  Members  elected  at  large  must  be  electors 
of  the  city  school  district,  and  members  elected  from  sub-districts 
must  be  electors  of  the  city  sub-districts  from  which  they  are  chosen, 
or  of  the  territory  attached  to  the  sub-district  for  school  purposes ; 
a  removal  from  said  sub-districts,  territory  or  city  school  district 
shall  vacate  said  office.  The  number  of  members  of  the  board  of  edu- 
cation shall  not  be  changed,  except  at  the  time  of  the  redistricting 
herein  provided  for,  within  three  months  after  the  official  announce- 
ment of  the  result  of  the  federal  census.  All  members  of  boards 
of  education  of  city  school  districts,  herein  provided  for  shall  be  elected 
at  the  same  time  and  in  the  same  manner  as  municipal  officers  are 
elected.  (Passed  and  approved  April  25,  1904.) 

Sec.  38970.  [Organization;  meetings;  president;  clerk;  nomina- 
tion by  petition.]  Boards  of  education  in  city  school  districts  shall 
organize  on  the  first  Monday  in  January  after  the  election  held  for 
members  of  the  board  of  education  by  the  election  of  one  of  their 
members  as  president  and  the  election  of  a  clerk,  who  may  or  may 
not  be  a  member  of  the  board, -the  president  to  be  elected  for  one  year 
and  the  clerk  to  be  elected  foe  a  term  not  to  exceed  two  years ;  they 
shall  fix  the  time  of  holding  regular  meetings.  Upon  the  organi- 
zation of  the  first  boards  of  education  elected  under  this  act,  the 
previously  existing  boards  of  education  are  thereby  abolished  and 
said  newly  elected  boards  shall  be  their  successors  in  all  respects. 
Not  less  than  fifteen  days  before  the  election  of  members  of  boards  of 
education,  nominations  of  candidates  therefor  may  be  made  by 
nomination  papers,  signed  in  the  aggregate  for  each  candidate  by  not 
less  than  twenty-five  qualified  electors  of  either  sex  of  the  school  dis- 
trict, except  that  in  city  school  districts  such  nomination  papers  shall 
be  signed  by  petitioners  not  less  in  number  than  one  for  every  one  hun- 
dred persons  who  voted  at  the  next  preceding  general  election  in  such  city ; 
and  whenever  each  of  such  candidates  shall  be  so  nominated  and  his 
or  their  names  shall  be  presented  to  the  county  board  of  deputy  state 
supervisors  of  elections  of  the  county  in  which  such  district  is  situ- 
ated not  less  than  fifteen  days  prior  to  the  ensuing  election,  the  said 
board  of  deputy  state  supervisors  of  elections  shall  publish  on  two 
different  days  prior  to  such  election  the  names  of  such  candidates  in 
two  newspapers  of  opposite  politics  in  the  school  district,  if  there  be 
such  printed  and  published  therein,  or,  if  no  newspaper  is  printed 
therein,  by  posting  such  list  of  names  in  at  least  five  public  places  in 
the  school  district.  (Passed  and  approved  April  25,  1904.) 


22  OHIO  SCHOOL   LAWS. 


Ch.  2.  City  School  Districts. 


Sec.  38971?.  [Trustees  of  school-teachers'  pension  fund;  number, 
election  and  term.]  Whenever  the  board  of  education  of  any  school 
district  shall  declare  by  resolution,  adopted  by  a  majority  vote  of 
the  members  of  said  board,  that  it  is  advisable  to  create  a  school- 
teachers' pension  fund  for  such  school  district,  said  school-teachers' 
pension  fund  shall  be  under  the  charge,  management  and  control  of 
a  board  to  be  known  as  the  board  of  trustees  of  the  school-teachers' 
[pension  fund  for  such  school]  district,  which  board  shall  be  com- 
posed of  not  less  than  three,  nor  more  than  seven,  members,  as  said 
board  of  education  shall  by  resolution  declare;  if  composed  of  less 
than  five  members,  one  of  the  members  of  said  board  of  trustees 
of  the  school-teachers'  pension  fund  of  such  school  district  shall  be 
elected  by  the  board  of  education  of  such  school  district,  and  the  re- 
maining members  by  the  teachers  of  the  public  schools,  including  the 
teachers  of  any  high  schools,  of  such  district,  who  have  accepted  the 
provisions  of  this  act,  as  hereinafter  provided ;  if  such  board  is  to 
be  composed  of  five  or  more  members,  two  of  the  members  of  said 
board  of  trustees  of  said  school  district  shall  be  elected  by  the  board 
of  education  of  such  school  district,  and  the  remaining  members  by 
the  teachers  of  the  public  schools,  including  the  teachers  of  any  high 
schools  of  such  school  district,  who  have  accepted  the  provisions 
of  this  act,  as  herein  provided ;  such  election  of  the  members  of  said 
board  by  the  teachers  to  be  at  a  meeting  called  by  the  superintendent 
of  schools  of  such  school  district,  the  first  election  to  be  at  a  meeting  to 
be  called  by  such  superintendent  when  one-third  of  the  teachers  of  the 
public  schools  of  such  school  district  shall  have  accepted  the  provisions 
this  act ;  the  members  of  said  board  of  trustees  of  the  school-teach- 
ers' pension  fund  shall  be  elected  for  such  length  of  time  as  the 
board  of  education  of  such  school  district  shall  by  resolution  declare, 
to  serve  not  less  than  one,  nor  more  than  three,  years,  and  shall 
serve  until  their  successors  are  elected  and  qualified,  such  service 
to  be  without  compensation.  (92  v.  149;  94  v.  306;  95  v.  610.) 

Sec.  38970.  [How  fund  created.]  Whenever  the  board  of  edu- 
cation of  any  school  district  shall  have  declared  the  advisability  of 
creating  a  school-teachers'  pension  fund,  as  herein  provided,  the 
clerk  of  said  board  of  education  shall  notify  each  and  every  teacher 
in  the  public  schools  and  high  schools,  if  any,  of  said  school  district, 
by  notice  in  writing  of  the  passage  of  such  resolution,  and  require 
said  teachers  to  notify  said  board  of  education  in  writing  within 
thirty  days  from  the  date  of  said  notice  whether  they  consent  or 
decline  to  accept  the  provisions  of  this  act;  and  from  and  after  the 
election  of  the  board  of  trustees  herein  provided  for,  the  sum  of 
two  dollars  ($2)  shall  be  deducted  by  the  proper  officers  from  the 


OHIO    SCHOOL   LAWS.  23 


City  School  Districts.  Ch.  2. 


monthly  salary  of  each  teacher  who  may  have  accepted  the  provisions 
of  this  act,  and  from  the  salary  of  such  new  teachers  as  may  here- 
after accept  the  same,  as  herein  provided,  said  sum  to  be  paid  into 
and  applied  to  the  credit  of  said  school-teachers'  pension  fund,  and 
shall  continue  to  so  deduct  said  sum  during  the  remainder  of  the 
term  of  service  of  said  teacher.  All  teachers  hereafter  appointed 
in  said  public  schools,  or  high  schools,  if  any,  in  said  school  district, 
shall  be  notified  within  thirty  days  after  their  appointment  by  the 
clerk  of  such  board  of  education  of  the  election  of  said  board  of 
trustees  of  said  school-teachers'  pension  fund,  and  they  shall  be 
required  to  notify  said  board  of  education  within  six  months  there- 
after whether  they  consent  or  decline  to  accept  the  provisions  of 
this  act.  All  moneys  received  from  donations,  legacies,  gifts,  be- 
quests or  from  any  other  source  shall  also  be  paid  into  said  fund, 
or  into  a  permanent  fund,  and  if  paid  into  a  permanent  fund,  the 
interest  only  of  said  fund  shall  be  applied  to  the  payment  of  pensions. 
Said  board  of  trustees  shall  have  power  to  invest  said  pension 
fund  in  the  name  of  said  board  in  bonds  of  the  United  States,  or  the 
state  of  Ohio,  or  of  any  county  in  this  state,  or  of  any  municipal 
corporation  in  this  state,  or  of  any  school  district  in  this  state ;  and 
said  board  shall  have  power  to  make  payments  from  said  pension 
fund  for  pensions  granted  in  pursuance  of  this  act.  Said  board  of 
trustees  shall  also  have  power  from  time  to  time  to  make  and  estab- 
lish such  rules  and  regulations  for  the  administration  of  said  pen- 
sion fund  as  they  shall  deem  best.  (92  v.  152;  95  v.  610.) 

Sec.  sSgyd.  [Retirement  and  pension  of  teachers;  meaning  of 
term  "teacher" ;  amount  of  pension ;  who  not  entitled  to  pension ;  how, 
when  fund  insufficient  to  pay  pensions.]  Said  board  of  education  of 
said  school  district,  and  any  union  board,  or  other  separate  board,  if 
any,  having  the  control  and  management  of  the  high  schools  of  said 
school  district,  shall  each  of  them  have  power  by  a  majority  vote  of  all 
the  members  composing  said  board  to  retire  on  account  of  physical  or 
mental  disability,  any  male  or  female  teacher  under  such  board  who 
shall  have  taught  for  a  period  aggregating  twenty  (20)  years,  whether 
before  or  after,  or  partly  before  or  after,  the  passage  of  this  act; 
provided,  however,  that  three-fifths  of  said  period  of  service  shall 
have  been  rendered  by  said  beneficiary  in  the  public  schools  or  high 
schools  of  said  school  district,  or  in  the  public  schools  or  high  schools 
of  the  county  in  which  said  school  district  is  located,  and  the  re- 
maining twro-fifths  of  said  period  of  service  in  the  public  schools 
of  this  state  or  elsewhere.  "The  term  'teacher'  under  this  act,  shall 
include  all  teachers  regularly  employed  by  either  of  said  boards  in 
the  day  schools,  including  the  superintendents  of  schools,  all  super- 


24  OHIO    SCHOOL    LAWS. 


Oh.  2.  City   School   Districts. 


intendents  of  instructor!,  principals,  and  special  teachers,  and  in 
the  estimation  of  years  of  service,  only  service  in  public  day  schools 
or  day  high  schools,  supported  in  whole  or  in  part  by  public  taxa- 
tion, shall  be  considered.  Any  teacher  shall  have  the  right  to  retire  and 
become  a  beneficiary  under  this  act  who  shall  have  taught  for  a  period 
aggregating  thirty  (30)  years,  whether  before  or  after,  or  partly  be- 
fore or  after,  the  passage  of  this  act ;  provided  that  three-fifths  of 
said  term  of  service  shall  have  been  rendered  in  the  public  schools 
or  in  the  high  schools  of  said  school  district,  or  in  the  public  schools 
or  high  schools  of  the  county  in  whrch  said  district  is  located,  and 
the  remaining  two-fifths  of  said  term  of  service  in  the  public  schools 
of  this  state'  or  elsewhere.  Each  teacher  so  retired  or  retiring  shall 
be  entitled  during  the  remainder  of  his  or  her  natural  life  to  receive 
as  pension,  annually,  the  sum  of  ten  dollars  ($10)  for  each  and 
every  year  of  service  rendered  as  teacher,  but  in  no  event  shall  such 
pension  paid  to  any  teacher  exceed  the  sum  of  five  hundred  dollars 
($500)  in  any  one  year,  and  said  pensions  shall  be  paid  monthly 
during  the  school  year ;  but  in  no  event  shall  such  pension  be  paid 
to  any  teacher  until  such  teacher  shall  contribute,  or  shall  have 
contributed,  to  said  fund  a  sum  equal  to  twenty  dollars  ($20)  a  year 
for  each  and  every  year  of  service  rendered  as  teacher,  but  in  no 
event  shall  this  sum  exceed  six  hundred  dollars  ($600)  ;  but  should 
any  teacher  retiring  be  unable  to  pay  the  full  amount  of  this  sum 
before  receiving  a  pension,  the  board  of  trustees  shall,  in  paying  the 
annual  pension  to  such  retiring  teacher  withhold  on  each  month's 
payment  twenty  per  cent,  thereof,  until  the  full  amount  as  above 
provided  shall  have  been  thus  contributed  to  the  fund ;  provided 
further,  that  if  said  pension  fund  shall  at  any  time  be  insufficient  to 
meet  the  pensions  so  provided  for,  that  during  the  period  that  such 
fund  is  insufficient  to  make  such  payment,  the  amount  in  said  fund 
during  said  period  shall  be  pro-rated  between  the  parties  entitled 
thereto.  (92  v.  153  ;  94  v.  307  ;  95  v.  611.) 

Sec.  3897^.  [Use  of  principal  and  income.]  Said  board  of  trus- 
tees shall  have  the  power  to  use  both  the  principal  and  income  of 
said  fund  for  the  payment  of  the  premiums  herein  provided  for,  and 
the  expense  thereof.  No  portion  of  said  pension  fund  shall,  befo~e 
its  distribution  and  payment  by  said  board  of  trustees  to  the  bene- 
ficiaries, be  liable  to  be  taken  or  subjected  by  any  writ  or  legal 
process  against  the  beneficiary.  (92  v.  154;  95  v.  612.) 

Sec.  sSgy/".  [Monthly  certifications  of  deductions  from  salaries.) 
The  clerk  of  the  board  of  education  of  said  school  district,  and  the  clerk 
of  the  union  board  of  high  schools,  or  other  separate  board  having 
the  control  and  management  of  the  high  schools  of  said  school  dis- 


OHIO   SCHOOL   LAWS. 


25 


City   School   Districts.  Ch.  2. 


trict,  if  any,  shall  each  of  them  certify  monthly  to  said  board  of  trus- 
tees all  amounts  deducted  from  the  salaries  of  the  teachers  as  afore- 
said, which  amounts,  as  well  as  all  other  moneys  contributed  to 
said  fund,  shall  be  set  apart  as  a  special  fund  for  the  purposes  herein 
specified,  subject  to  the  order  of  said  board  of  trustees.  All  moneys 
belonging  to  said  fund  shall  be  paid  only  on  the  order  of  said  board 
of  trustees,  entered  upon  its  minutes  on  warrants  signed  by  the  pres- 
ident and  secretary  of  said  board.  (92  v.  154;  95  v.  612.) 

Sec.  3897^.  [Who  custodian  of  fund;  duties.]  The  treasurer  of 
said  school  district  shall  be  the  custodian  of  said  pension  fund,  and  shall 
keep  the  same  subject  to  the  order,  control  and  direction  of  said  board 
of  trustees.  He  shall  keep  books  .of  accounts  concerning  said  fund 
in  such  manner  as  may  be  prescribed  by  said  board,  which  books 
of  account  shall  always  be  subject  to  the  inspection  of  said  board 
of  trustees  or  of  any  member  thereof.  Said  treasurer  shall  execute  a 
bond  to  said  board  of  trustees  with  good  and  sufficient  sureties  in  such 
sum  as  said  board  of  trustees  shall  require,  which  bond  shall  be  sub- 
ject to  the  approval  of  said  board  and  be  conditioned  for  the  faith- 
ful performance  of  his  duties  as  custodian  of  said  board  and  treasurer 
of  said  board.  He  shall  always  keep  and  truly  account  for  all  mon- 
eys and  profits  coming  into  his  hands  as  such  treasurer  belonging 
to  such  fund,  and  at  the  expiration  of  his  term  of  office  shall  pay 
over,  surrender  and  deliver  to  his  successor  all  securities,  moneys  and 
other  property  of  whatsoever  kind,  nature  and  description  which  may 
be  in  his  hands  or  under  his  control  as  treasurer  aforesaid.  Said 
treasurer  shall  be  paid  for  his  services  under  this  act  as  compensation 
not  to  exceed  one  per  cent,  annually  of  the  amount  paid  into  said 
fund  during  the  year.  (92  v.  154;  95  v.  612.) 

Sec.  3897/7.  [Rebate  in  case  of  resignation  or  removal;  heirs,  lega- 
tees or  assigns  of  deceased  teacher  entitled  to  half  amount  paid.]  Any 
teacher  who  shall  resign  or  be  removed  for  cause,  as  aforesaid,  shall, 
upon  application  within  three  (3)  months  after  such  resignation 
or  removal  takes  effect,  be  entitled  to  receive  one-half  of  the  total 
amount  paid  by  such  teacher  into  such  fund.  In  case  of  the  death 
of  any  teacher,  the  heirs,  legatees  or  assigns  of  the  deceased  teacher 
shall  be  entitled  to  receive  one-half  of  the  total  amount  paid  by  such 
teacher  into  such  fund  upon  application  therefor,  with  proof  of  claim 
to  the  satisfaction  of  the  board  of  trustees.  (92  v.  154;  94  v.  308;  95 
v.  613.) 

Sec.  3897;'.  [Rules  and  regulations.]  The  board  of  trustee  shall 
make  such  rules  and  regulations  as  it  may  deem  expedient  or  nec- 
essary for  its  government ;  which  rules  and  regulations  must  be 


26  OHIO   SCHOOL  LAWS. 


Ch.  2.  City   School   Districts. 


adopted,  and  when  adopted,  may  be  amended,  by  a  vote  of  not  less 
than  two-thirds  of  all  the  members  of  said  board  of  trustees.  (94  v. 
308;  95  v.  613.) 

Sec.  3897;.  [Transfer  of  fund  now  existing  to  trustees  herein  creat- 
ed.] Upon  the  election  and  organization  of  a  board  of  pension  trustees 
under  this  act  in  any  school  district  of  this  state,  any  school-teachers' 
pension  fund  heretofore  created  for  said  district  under  any  former 
act,  shall  be  transferred  to  the  board  of  trustees  created  under  this 
act  by  the  board  or  persons  having  control  thereof;  and  all  benefi- 
ciaries now  receiving  pensions  from  the  fund  transferred  as  afore- 
said, shall  continue  to  receive  pensions  under  this  act.  (95  v.  613.) 

Sec.  3897^.  [Deductions,  fines,  penalties  and  assessments,  dis- 
position of.]  The  board  of  education  in  any  school  district  which 
has  created,  or  shall  hereafter  create,  a  teachers'  pension  fund,  shall 
pay  monthly  into  said  teachers'  pension  fund  all  deductions,  fines, 
penalties  and  assessments  made  against  any  of  the  teachers  or  other 
employes  of  said  board  for  violation  of  any  of  the  rules  or  orders  of 
the  said  board.  (Passed  and  approved  April  25,  1904.) 

Sec.  38977.  [Board  of  education  may  contribute  to  pension 
fund.]  The  board  of  education  in  any  school  district  which  has 
created  or  shall  hereafter  create,  a  teachers'  pension  fund,  may  pay 
semi-annually,  out  of  the  contingent  fund  of  such  school  district, 
into  said  teachers'  pension  fund,  not  to  exceed  two  per  cent,  of  the 
gross  receipts  of  said  board  of  education  raised  by  taxation  to  be 
applied  to  the  payment  of  teachers'  pensions  as  hereinbefore  provided. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3898.     [Attached  territory,  assignment  of  and  voting  in.] 
When  territory  is  attached  to  a  city  school  district  for  school  pur- 
poses, it  shall  be  the  duty  of  the  board  of  education  to  assign  such 
territory  to  the  sub-district  or  sub-districts  adjoining  the  same,  and 
a  map  showing  such  assignment  shall  be  made  a  part  of  the  record  of 
the  board ;  the  electors  residing  in  said  attached  territory  shall  br 
entitled  to  vote  for  school  officers  and  on  all  school  questions  in 
the  sub-district  to  which  they  are  assigned,  and  in  the  election  pre 
cinct  nearest  their  residence ;  and  in  case  the  board  fails  to  perform 
this  duty,  the  electors  residing  in  said  attached   territory  shall  be 
entitled  to  vote  in  the  sub-district  and  precinct  nearest  their  residence 
An  elector  residing  in  the  city,  but  not  in  the  city  school  district 
shall  not  be  entitled  to  vote  in  said  city  school  district.     (Passed  and 
approved  April  25,  1904.) 

Sec.  3899.     Repealed  89  v.  79. 

Sec.  3900.  |  Redistricting  of  city  districts.]  The  redistricting  of  a 
city  school  district  shall  not  affect  the  membership  of  the  then  ex- 


OHIO   SCHOOL   LAWS.  27 


City   School   Districts.  Ch.  2. 


isting  board  of  education  in  said  city  school  district ;  all  the  members 
thereof  shall  continue  to  serve  for  the  full  term  for  which  they  were 
elected,  but  after  the  expiration  of  said  terms  the  election  of  members 
of  the  board  of  education  from  sub-districts  shall  be  by  the  sub-dis- 
tricts as  redistricted.  (Passed  and  approved  April  25,  1904.) 

Sec.  3901.  [Schools  for  deaf  children.]  Boards  of  education  of 
city  school  districts  are  authorized  and  empowered  to  establish  and 
maintain,  under  their  management  and  control  one  or  more  day 
schools  for  the  education  of  the  deaf  youth  of  school  age  of  the  dis- 
trict, the  expense  of  conducting  the  same  to  be  paid  from  the  school 
funds  of  the  district  in  the  same  manner  and  from  the  same  funds 
as  other  school  expenses  are  paid.  (Passed  and  approved  April 
25,  1904.) 

Sec.  3902.       Repealed  April  25,  1904. 

Sec.  3903.       Repealed  April  25,  1904 


28 


OHIO   SCHOOL   LAWS. 


Ch.  3. 


Village  School  Districts. 


CHAPTER  III. 


VILLAGE  SCHOOL  DISTRICTS. 


SECTION. 

3904.  Repealed. 

3905.  Repealed. 

3906.  Repealed. 

3907.  Repealed. 

3908.  Board    of   education    In    village   dis- 

tricts ;     membership ;    election    and 
term. 


SECTION. 

3909.  Newly  created  village  districts;  elec- 

tion In. 

3910.  Voting  in  attached  territory. 

3911.  Organization;  president;  clerk;  regu- 

lar meetings. 

3912.  Repealed. 

3913.  Repealed. 

3914.  Repealed. 

Sec.  3904.       Repealed  April  25,  1904. 

Sec.  3905.       Repealed  April  25,  1904. 

Sec.  3906.       Repealed  April  25,  1904. 

Sec.  3907.       Repealed  April  25,  1904. 

Sec.  3908.  [Board  of  education  in  village  districts;  membership; 
election  and  term.]  The  board  of  education  of  village  school  districts 
shall  consist  of  five  members  elected  at  large  at  the  same  time  and 
in  the  same  manner  as  municipal  officers  are  elected,  for  the  term  of 
four  .years  from  the  first  Monday  in  January  after  their  election  or 
until  their  successors  are  elected  and  qualified.  At  the  first  municipal 
election  held  after  the  passage  of  this  act  there  shall  be  a  board  of 
education  elected  in  all  village  districts  as  provided  for  herein,  two 
to  serve  for  two  years,  and  three  to  serve  for  four  years,  and  at  the 
municipal  election  held  every  second  year  thereafter,  their  successors 
•shall  be  elected  for  the  term  of  four  years.  Upon  the  organization 
of  said  boards,  upon  the  succeeding  first  Monday  in  January  after 
their  election,  the  previously  existing  village  boards  of  education  shall 
be  thereby  abolished  and  the  newly  elected  and  organized  board  shall 
be  their  successors  in  all  respects.  (Passed  and  approved  April  25, 
1904.) 

Sec.  3909.  [Newly  create'd  village  districts;  election  in.]  In  all 
incorporated  villages  not  now  organized  as  school  districts  and 
in  all  villages  hereafter  created,  there  shall  be  a  board  of  education 
elected  as  provided  for  in  section  3908  of  the  Revised  Statutes  of 
Ohio;  provided,  however,  that  if  said  election  be  a  special  election 
held  in  a  newly  created  village,  the  members  elected  shall  serve  for 
the  terms  as  indicated  in  said  section  3908,  from  the  first  Monday  in 
January  after  the  last  preceding  election  for  members  of  boards  of 
education,  and  the  board  shall  organize  on  the  second  Monday  after 
the  special  election.  (Passed  and  approved  April  25,  1904.) 

Sec.  3910.  (Voting  in  attached  territory.]  Electors  residing  in 
territory  attached  to  a  village  school  district  for  school  purposes, 


OHIO   SCHOOL   LAWS.  29 


Village  School  Districts.  Ch.  3. 


shall  be  entitled  to  vote  for  school  officers  and  on  all  school  questions, 
at  the  regular  voting  place  in  the  village  to  which  such  territory  is 
attached,  and  should  said  village  be  divided  into  voting  precincts, 
it  shall  be  the  duty  of  the  board  of  education  of  such  village  school 
district  to  assign  such  territory  to  the  adjoining  precinct  or  precincts 
and  to  have  a  map  prepared  showing  such  assignment,  said  map  to 
be  made  a  part  of  the  records  of  the  board,  and  the  electors  residing 
in  such  attached  territory  shall  be  entitled  to  vote  in  the  precinct  to 
which  they  are  assigned,  but  in  case  no  assignment  of  territory  is 
made,  the  elector  shall  vote  in  the  precinct  nearest  his  residence.  An 
elector  residing  in  a  village,  but  not  in  a  village  school  district,  shall 
not  be  entitled  to  vote  in  said  village  school  district.  (Passed  and 
approved  April  25,  1904.) 

Sec.  3911.  [Organization;  president;  clerk;  regular  meetings.] 
Boards  of  education  of  village  school  districts  shall  organize  on 
the  first  Monday  in  January  after  the  election  of  the  board,  by  the 
election  of  one  of  their  members  president,  and  the  election  of  a  clerk 
who  may  or  may  not  be  a  member  of  the  board,  the  president  to  be 
elected  for  one  year  and  the  clerk  to  be  elected  for  a  term  not  to  ex- 
ceed two  years  ;  and  they  shall  fix  the  time  of  holding  regular  meetings. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3912        Repealed  April  25,  1904. 

Sec.  3913.      vRepealed  April  25,  1904. 

Sec.  3914.       Repealed  April  25,  1904. 


30 


OHIO   SCHOOL    LAWS. 


Ch.  4. 


Township  School  Districts. 


CHAPTER  IV. 


TOWNSHIP  SCHOOL  DISTRICTS. 


SECTION. 

3915.  Boards    of    education    in    township 

districts;    membership;    election 
and  term. 

3916.  Attached  territory;  voting  in. 

3917.  Repealed. 

3918.  Repealed. 

3919.  Repealed. 

3620.       Organization;      president;      clerk; 

regular  meetings. 
3921.       Sub-districts   recognized. 
3921a.     Director  of  sub-districts;   election; 

term;  duties. 


SECTION. 

3922.  Centralization  by  suspension  of  one 

or  more  sub-district  schools. 

3923.  Joint  sub-districts  abolished. 

3924.  Repealed. 

3925.  Repealed. 

3926.  Repealed. 

3927.  Repealed. 
3927-1.    Repealed. 

3927-2.    Centralization,  submission  of  ques- 
tion to  vote. 

An  act  to  provide  for  the  support 
of  normal  schools. 


Sec.  3915.  [Boards  of  education  in  township  districts;  member- 
ship ;  election  and  term.]  The  board  of  education  of  township  school 
districts  shall  consist  of  five  members  elected  at  large  at  the  same  time 
and  in  the  same  manner  as  the  township  officers  are  elected,  for  the 
term  of  four  years  from  the  first  Monday  in  January  after  their  election 
[or]  until  their  successors  are  elected  and  qualified.  At  the  first  town- 
ship election  held  after  the  passage  of  this  act,  there  shall  be  a  board 
of  education  elected  in  all  township  districts  as  provided  for  herein, 
two  to  serve  for  two  years,  and  three  to  serve  for  four  years,  and  at 
the  township  election  held  every  second  year  thereafter,  their  success- 
ors shall  be  elected  for  the  term  of  four  years.  Upon  the  organization 
of  said  boards,  upon  the  succeeding  first  Monday  in  January  after 
their  election,  the  previously  existing  township  boards  of  education 
shall  be  thereby  abolished  and  the  newly  elected  and  organized  boards 
shall  be  their  successors  in  all  respects.  (Passed  and  approved  April 
25,  1904.) 

Sec.  3916.  [Attached  territory;  voting  in.]  Electors  residing  in 
territory  attached  to  a  township  school  district  for  school  purposes, 
shall  be  entitled  to  vote  for  school  officers  and  on  all  school  questions, 
at  the  regular  voting  place  in  the  township  to  which  such  territory 
is  attached,  and  should  such  township  be  divided  into  different  voting 
precincts,  it  shall  be  the  duty  of  the  board  of  education  of  the  town- 
ship district,  to  assign  such  attached  territory  to  the  adjoining  pre- 
cinct or  precincts;  if  territory  is  attached  to  more  than  one  precinct, 
a  map  shall  be  prepared  showing  such  assignment  and  said  map  shall 
be  made  a  part  of  the  records  of  the  board  of  education,  and  electors 
shall  be  entitled  to  vote  according  to  such  assignment,  but  in  case 
no  assignment  of  territory  is  made,  the  electors  shall  vote  in  the 


OHIO   SCHOOL   LAWS.  31 


Township  School  Districts.  Ch.  4. 

precinct  nearest  to  their  residence.  An  elector  residing  in  the  town- 
ship, hut  not  in  the  township  school  district,  shall  not  be  entitled  to 
vote  in  said  township  school  district.  (Passed  and  approved  April 
25,  1904.) 

Sec.  3917.       Repealed  April  25,  1904. 

Sec.  3918.       Repealed  April  25,  1904. 

Sec.  3919.       Repealed  90  v.  76. 

Sec.  3920.  [Organization;  president;  clerk;  regular  meetings.] 
Boards  of  education  of  township  school  districts  shall  organ- 
ize on  the  first  Monday  in  January  after  the  election  of  the  board, 
by  the  election  of  one  of  their  members  president  and  the  election  of 
a  clerk  who  may  or  may  not  be  a  member  of  the  board,  the  president 
to  be  elected  for  one  year  and  the  clerk  to  be  elected  for  a  term  not  to 
exceed  two  years ;  and  they  shall  fix  the  time  of  holding  regular 
meetings.  (Passed  and  approved  April  25,  1904.) 

Sec.  3921.  [Sub-districts  recognized.]  The  division  of  township 
school  districts  into  sub-districts  as  they  exist  at  the  time  of  the 
passage  of  this  act,  shall  continue  and  be  recognized  for  the  purpose  of 
school  attendance,  but  the  board  of  education  is  authorized  to  increase 
or  diminish  the  number  or  change  the  boundaries  of  the  sub-districts 
at  any  regular  meeting,  a  map  designating  such  changes  to  be  entered 
upon  its  records.  (Passed  and  approved  April  25,  1904.) 

Sec.  392 la.  [Director  of  sub-districts;  election;  term;  duties.] 
In  all  township  districts  the  schools  of  which  are  not  centralized  or 
consolidated  there  shall  be  elected  by  ballot  on  the  second  Monday  of 
April,  1905,  and  annually  thereafter  in  each  sub-district,  by  the  quali- 
fied electors  thereof,  one  competent  person,  having  the  qualifications 
of  an  elector  therein  to  be  styled  director.  In  all  cases  of  tie  votes 
at  an  election  for  director  the  judges  of  election  shall  decide  the 
election  by  lot ;  and  in  other  cases  of  failure  to  elect  directors  or 
in  case  of  a  refusal  to  serv'e,  or  in  case  where  vacancies  exist  from  any 
cause,  the  township  board  of  education  shall  appoint  a  director  for 
such  sub-district.  The  director  of  each  sub-district  shall  post  written 
or  printed  notices  in  three  or  more  conspicuous  places  in  his  sub- 
district  at  least  six  days  prior  to  the  election,  designating  the  day 
and  hour  of  opening,  and  the  hour  of  closing  the  election.  The 
election  shall  be  held  at  the  school  house  in  the  sub-district.  The 
meeting  shall  be  organized  by  appointing  a  chairman  and  secretary, 
who  shall  act  as  judges  of  the  election  under  oath  or  affirmation, 
which  oath  or  affirmation  may  be  administered  by  the  director  of  the 
sub-district,  or  any  other  person  competent  to  administer  such  an  oath 
or  affirmation,  and  the.  secretary  shall  keep  a  poll-book  and  tally-sheet, 


32  OHIO   SCHOOL   LAWS. 


Ch.  4.  Township  School  Districts. 

which  shall  be  signed  by  the  judges,  and  delivered  within  eight  days 
to  the  clerk  of  the  township  board  of  education.  .The  qualified  electors 
of  the  sub-district  may  hold  other  meetings  at  any  time  upon  the  call  of 
the  director  or  o£  any  five  electors.  Five  days'  notice  shall  be  given  of 
such  meetings  by  posting  notices  in  five  public  places  in  the  vicinity. 
The  director  of  each  sub-district  shall  preside  at  the  school  meetings 
of  the  district,  record  their  proceedings,  and  shall  act  as  the  organ 
'of  communication  between  the  inhabitants  and  the  township  board  of 
education.  He  shall  take  charge  of  the  school  house  and  property  be- 
longing thereto  under  the  general  order  and  direction  of  the  town- 
ship board  of  education  and  preserve  the  same  and  when  so  ordered 
by  the  board  shall  make  all  temporary  repairs  of  the  school  house, 
furniture  and  fixtures,  and  provide  the  necessary  fuel  for  the  school, 
reporting  the  cost  thereof  to  the  board  of  education  for  payment.  The 
director  of  each  sub-district  shall  take  the  enumeration  of  his  sub- 
district  and  return  the  same  to  the  clerk  of  the  township  board  of  edu- 
cation in  the  manner  prescribed  by  law.  (Passed  and  approved  April 

2$,    1904.) 

Sec.  3922.  [Centralization  by  suspension  of  one  or  more  sub- 
district  schools.]  The  board  of  education  of  any  township  school 
district  is  authorized  to  suspend  the  schools  in  any  or  all  sub-districts 
in  the  township  district,  but  upon  such  suspension  the  board  must 
provide  for  the  conveyance  of  the  pupils  residing  in  such  sub-district 
or  sub-districts  to  a  public  school  in  said  township  district,  or  to  a 
public  school  in  another  district,  the  cost  of  such  conveyance  to  be 
paid  out  of  the  funds  of  the  township  school  district;  or  the  board 
may  abolish  all  the  sub-districts  providing  conveyance  is  furnished  to 
one  or  more  central  schools,  the  expense  of  such  conveyance  to  be 
paid  out  of  the  funds  of  the  district.  When  transportation  of  pupils 
is  provided  for,  the  conveyance  must  pass  within  at  least  the  distance 
of  one-half  of  a  mile  from  the  respective  residence  of  all  pupils,  ex- 
cept when  such  residences  are  situated  more  than  one-half  of  a  mile 
from  the  public  road ;  but  boards  of  education  shall  not  be  required 
to  provide  transportation  for  pupils  living  less  than  one-half  of  a 
mile  from  the  school  house.  (Passed  and  approved  April  25,  1904.) 

Sec.  3923.  [Joint  sub-districts  abolished.]  Joint  sub-districts 
are  hereby  abolished  and  the  territory  of  such  districts,  situated  in 
the  township  in  which  the  school  house  of  the  joint  sub-district 
is  not  located,  shall  be  attached  for  school  purposes  to  the  township 
school  district  in  which  said  school  house  is  located,  and  shall  consti- 
tute a  part  of  said  township  school  district,  and  the  title  of  all  school 
property  located  in  said  joint  sub-district,  is  hereby  vested  in  the  board 


OHIO    SCHOOL   LAWS.  33 


Township  School  Districts.  Ch.  4. 

of  education  of  the  township  to  which  the  territory  is  attached.  A 
map  of  such  attached  territory  shall  be  prepared  under  the  direction  of 
the  board  of  education  of  the  township  district  to  which  such  terri- 
tory is  attached  and  shall  be  made  a  part  of  the  records  of  said  board 
and  a  copy  of  the  same  shall  be  filed  with  the  auditor  of  the  county 
in  which  said  territory  is  situated,  or  if  the  territory  be  in  two  or  more 
counties,  said  map  shall  be  filed  with  the  auditor  of  each  county. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3924.       Repealed  April  25,  1904. 

Sec.  3925.       Repealed  April  25,  1904. 

Sec.  3926.       Repealed  April  25,  1904. 

Sec.  3927.       Repealed  April  25,  1904 

Sec.  3927-1.    Repealed  April  25,  1904. 

Sec.  3927-2.  [Centralization,  submission  of  question  to  vote.] 
A  township  board  of  education  may  submit  the  question  of  centrali- 
zation, and  upon  the  petition  of  not  less  than  one-fourth  of  the  qualified 
electors  of  such  township  district,  must  submit  such  question  to  a  vote 
of  the  qualified  electors  of  such  township  district,  and  if  more  votes 
are  cast  in  favor  of  centralization  than  against  it,  at  such  election,  it 
shall  then  become  the  duty  of  the  board  of  education,  and  such  board 
of  education  is  required  to  proceed  at  once  to  the  centralization  of 
[thej  schools  of  the  township,  and  if  necessary  purchase  a  site  or  sites 
and  erect  a  suitable  building  or  buildings  thereon;  provided,  that  if, 
at  the  said  election,  more  votes  are  cast  against  the  proposition  for 
centralization  than  for  it,  the  question  shall  not  again  be  submitted 
to  the  electors  of  said  township  district  for  a  period  of  two  years. 
When  the  schools  of  a  township  have  been  centralized,  such  centrali- 
zation shall  not  be  discontinued  within  three  years  thereafter,  and 
then  only  by  petition  and  election  as  required  herein  and  if  at  such 
election  more  votes  are  cast  against  centralization  than  for  it,  the 
division  into  sub-districts  as  they  existed  prior  to  centralization,  shall 
be  thereby  re-established  at  the  next  regular  election  and  sub-district 
directors  shall  be  elected  as  provided  in  section  39210  of  this  act. 
(Passed  aiMl  approved  April  25,  1904.) 

AN  ACT. 
To  provide  aid  for  the  support  of  normal  schools. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 

Sec.  i.  That  the  trustees  of  any  township  in  the  state  of  Ohio, 
in  which  a  normal  school  is  organized  and  conducted  or  may  be 

3— s.  L. 


34  OHIO   SCHOOL  LAWS. 


Ch.  4.  Township  School  Districts. 


established  hereafter,  are  authorized  to  levy  annually  a  tax,  not  ex- 
ceeding two  mills  on  the  dollar  upon  all  the  taxable  property  of  the 
township  for  the  purpose  of  aiding  in  the  support  of  such  normal 
school. 

Sec.  2.  Before  the  tax  may  be  levied,  the  question  of  making  a 
levy  for  the  purpose  named  in  section  I,  herein,  shall  be  submitted 
to  the  qualified  electors  of  the  township,  at  a  special  or  general  election 
to  be  held  in  such  township,  due  notice  of  which  shall  be  given  at 
least  twenty  days  prior  to  the  election,  by  publication  in  some  news- 
paper of  general  circulation  in  the  township;  and  provided  a  majority 
of  the  votes  c"st  at  such  election  upon  said  question  of  tax  levy  is  in 
favor  of  levying  the  tax,  then  the  trustees  of  the  township  thereafter 
shall  make  the  levy  annually  and  report  the  same  to  the  county 
auditor  for  collection  as  other  taxes,  and  when  collected,  to  be  paid 
over  to  the  duly  qualified  and  acting  treasurer  of  the  board  of  trustees 
of  such  normal  school. 

Sec.  3.  At  any  time  after  four  years  from  the  date  of  an  election 
held  in  accordance  with  the  provisions  of  section  2  of  this  act,  another 
election  may  be  petitioned  for  and  shall  be  ordered  by  the  trustees 
of  the  township,  provided  the  petition  shall  be  signed  by  at  least 
forty  per  cent,  of  the  qualified  electors  of  the  township.  (Passed  and 
approved  April  25,  1904.) 


OHIO    SCHOOL   LAWS.  35 


Special  School  Districts.  Ch.  5. 


CHAPTER  V. 

SPECIAL   SCHOOL   DISTRICTS. 


SECTION. 

3928.  Formation    of     special   school    dis- 

trict, proceedings  for. 

3929.  Further     proceedings     In     probate 

court. 

3930.  Boards  of  education  in  special  dis- 

tricts; membership;  election  and 
term. 

3931.  Elections,  how  conducted. 

3932.  Election    in    newly    created    special 

district. 

3933.  Organization  of  board  of  education; 

president;    clerk;    regular    meet- 
ings. 

3934.  Transportation  of  pupils  in  special 

districts. 

3935.  Abandonment     or     continuance     of 

special  district,  election  for. 

3936.  Repealed. 


SECTION. 

3937.  Repealed. 

3938.  Repealed. 

3939.  Repealed. 

3940.  Repealed. 

3941.  Repealed. 
3941a.  Repealed. 

3942.  Repealed. 

3943.  Repealed. 

3944.  Repealed. 

3945.  Repealed. 

3946.  Repealed 
3946o.  Repealed. 

3947.  Repealed. 

3948.  Repealed. 

3949.  Repealed. 

3950.  Repealed. 


Sec.  3928.  [Formation  of  special  school  district,  proceedings  for.] 
A  special  school  district  may  be  formed  of  any  contiguous  territory, 
not  included  within  the  limits  of  an  incorporated  city  or  village, 
which  has  a  total  tax  valuation  of  not  less  than  one  hundred  thousand 
dollars.  To  establish  a  special  school  district,  a  petition  signed  by 
not  less  than  ten  male  citizens  who  are  electors  of  the  proposed  special 
district  shall  be  filed  in  the  office  of  the  probate  judge  of  the  county 
in  which  such  special  district  is  situated  or  if  said  district  is  situated 
in  two  or  more  counties,  then  with  the  probate  judge  of  the  county 
having  the  greatest  total  tax  valuation  in  said  proposed  district ;  said 
petition  shall  set  forth  the  desires  of  the  petitioners,  shall  contain  a 
description  of  the  territory  to  be  included  in  the  proposed  special 
district,  and  shall  be  accompanied  by  a  statement  giving  the  total  tax 
valuation  of  said  territory  certified  to  by  the  county  auditor  or  auditors 
and  also  an  accurate  map  of  the  territory  to  be  included  in  said  district, 
the  same  to  be  prepared  to  the  satisfaction  of  the  probate  judge;  said 
petition  shall  also  be  accompanied  by  an  undertaking  of  one  or  more 
of  the  petitioners,  with  security  to  the  satisfaction  of  the  judge,  in  the 
sum  of  one  hundred  dollars,  conditioned  that  the  parties  entering 
into  the  undertaking  shall  pay  all  the  costs  of  the  proceedings  if  a 
special  school  district  is  not  created,  and  in  such  case  the  probate 
judge  shall  render  judgment  against  the  parties  to  the  undertaking 
for  all  the  costs  of  the  proceedings.  In  case  the  petition  is  granted 
the  costs  shall  be  taxed  against  the  special  school  district  thereby 
authorized  and  shall  be  paid  by  the  board  of  education  of  said  special 


36  OHIO   SCHOOL  LAWS. 


Ch.  5.  Special  School  Districts. 


school  district,  thereafter  elected,  from  any  funds  that  may  come  into 
its  possession.  A  remonstrance  signed  by  one  or  more  of  the  male 
citizens  who  are  electors  of  the  proposed  district  may  be  filed  with 
the  probate  judge  and  shall  be  considered  on  the  hearing  of  the 
petition.  Nothing  herein  contained  shall  be  so  construed  as  to 
abolish  any  special  school  district  now  existing,  but  all  such  districts 
whether  created  under  the  provisions  of  a  general  or  special  act, 
including  the  territory  now  constituting  such  special  district,  shall, 
unless  changed  under  the  provisions  of.  this  chapter,  continue  to  be 
and  remain  and  be  recognized  and  regarded  as  legal  special  school 
districts,  excepting,  however,  such  special  school  districts  which  do 
now  or  may  hereafter  include  within  their  boundaries  an  incorporated 
city  or  village,  and  in  such  cases  such  special  district  shall  become  a 
city  or  village  school  district  with  or  without  territory  attached  or 
detached,  as  the  case  may  be.  And  all  officers  and  members  of 
boards  of  education  of  existing  special  school  districts  heretofore 
created,  whether  by  special  or  general  act,  shall  continue  to  hold  and 
exercise  their  respective  offices  and  the  powers  thereof,  until  their 
successors  are  elected  and  qualified  as  provided  herein ;  provided 
that  all  such  officers  of  such  districts  created  by  special  act  shall  hold 
such  offices  only  until  the  first  Monday  of  January  following  the  first 
election  for  school  officers  to  be  held  after  the  passage  of  this  act,  at 
which  election  their  successors  shall  be  elected.  (Passed  and  ap- 
proved April  25,  1904.) 

Sec.  3929.  [Further  proceedings  in  probate  court.]  Upon  the 
filing  of  a  petition  in  the  probate  court  for  the  establishment  of  a 
special  school  district,  the  judge  thereof  shall  fix  a  time  for  the 
hearing  of  the  same,  which  shall  be  within  sixty  days  of  the  filing 
thereof;  he  shall  thereupon  cause  to  be  published  for  four  consecutive 
weeks,  in  two  newspapers  of  opposite  politics,  printed  and  of  gen- 
eral circulation  in  the  county  where  the  petition  is  filed,  notice  of 
the  filing  of  such  petition  and  the  time  of  the  hearing  thereon ;  such 
notices  shall  also  be  mailed  to  the  clerk  or  clerks  of  the  board  or  boards 
of  education  having  territory  in  the  proposed  special  school  district. 
The  probate  judge  is  authorized  to  hear  and  determine  the  question  of 
the  establishment  of  such  special  school  district,  may  subpoena  and 
examine  witnesses  under  oath,  may  change  the  boundaries  of  the 
proposed  special  school  district,  shall  fix  and  determine  the  amount 
of  money  due  and  payable  to  said  special  district  from  the  surplus 
money  in  the  treasury  or  in  process  of  collection  in  the  district  or 
districts  from  which  it  was  formed,  or  in  case  of  the  indebtness  of 
such  district  or  districts,  he  shall  determine  the  amount  of  money 


OHIO    SCHOOL   LAWS.  37 


Special  School  Districts.  Ch.  5. 


due  and  payable  by  the  special  school  district  to  the  district  or  districts 
from  which  it  was  formed,  and  in  either  case  the  amount  so  found  due 
shall  be  [a]  valid  and  binding  obligation  upon  the  board  of  education 
of  such  district  or  districts.  The  fees  in  cases  involving  the  estab- 
lishment of  special  school  districts  shall  be  the  same  as  in  civil  cases, 
and  the  jurisdiction  of  the  probate  court  in  such  cases  shall  be  ex- 
clusive. (Passed  and  approved  April  25,  1904.) 

Sec.  3930.  [Boards  of  education  in  special  districts;  member- 
ship; election  and  term.]  The  board  of  education  of  special  school 
districts  shall  consist  of  five  members  elected  at  large  at  the  same 
time  and  in  the  same  manner  as  the  township  officers  are  elected, 
for  the  term  of  four  years  from  the  first  Monday  in  January  after 
their  election  or  until  their  successors  are  elected  and  qualified.  At 
the  first  township  election  held  after  the  passage  of  this  act,  there 
shall  be  a  board  of  education  elected  in"  all  special  districts  as  pro- 
vided for  herein,  two  to  serve  for  two  years,  and  three  to  serve  for 
four  years,  and  at  the  township  election  held  every  second  year 
thereafter,  their  successors  shall  be  elected  for  the  term  of  four  years. 
Upon  the  organization  of  said  boards,  upon  the  succeeding  first 
Monday  in  January  after  their  election  the  previously  existing  boards 
of  education  of  special  school  districts  shall  be  thereby  abolished 
and  the  newly  elected  and  organized  boards  shall  be  their  successors 
in  all  respects.  (Passed  and  approved  April  25,  1904.) 

Sec.  3931.  [Elections,  how  conducted.]  Elections  in  special 
school  districts  shall  be  held  by  the  regular  election  officers  of  the 
township  in  which  such  special  districts  are  situated  and  if  a  special 
district  is  situated  in  two  or  more  townships,  the  election  shall  be 
held  by  the  election  officers  of  the  different  townships  for  the  electors 
residing  in  each  township  respectively.  At  least  twenty  days  prior 
to  the  first  election  held  under  this  act,  it  shall  be  the  duty  of  the 
clerk  of  the  board  of  education  of  each  special  school  district  to 
notify  the  deputy  supervisors  of  elections  of  the  county  in  which 
the  district  is  situated,  or  if  said  district  be  in  two  or  more  counties, 
he  shall  notify  the  deputy  supervisors  of  each  county,  of  the  names 
of  the  voting  precincts  having  territory  in  such  special  school  district, 
and  the  probable  number  of  electors  in  each  precinct,  in  order  that 
said  deputy  supervisors  shall  be  enabled  to  prepare  ballots  and 
election  supplies  and  distribute  the  same  to  the  proper  precincts, 
and  in  each  precinct  there  shall  be  separate  ballots,  ballot 
boxes,  poll  books  and  tally  sheets  for  each  school  district  having 
voters  therein.  (Passed  and  approved  April  25,  1904.) 

Sec.  3932.     [Election  in  newly  created  special  district.]     When 


38  OHIO   SCHOOL   LAWS. 


Ch.  5.  Special  School  Districts. 


a  special  school  district  is  created,  a  mass  meeting  of  the  electors 
in  such  district  shall  be  called  by  the  posting  of  notices  in  five  public 
places  in  the  district  setting  forth  the  time  and  place  of  said  meeting 
and  signed  by  at  least  three  electors  of  the  district.  The  electors 
assembled  at  said  meeting  shall  elect  a  chairman  and  secretary  and 
fix  the  time  for  holding  the  first  election  for  members  of  the  board 
of  education,  the  time  so  fixed  shall  not  be  within  twenty-five  days 
of  the  time  of  holding  said  mass  meeting.  The  chairman  and  sec- 
retary of  said  meeting  shall  immediately  post  notices  in  five  public 
places  within  the  district,  giving  the  date  of  the  election  and  shall 
notify  the  deputy  state  supervisors  of  elections  as  provided  in  section 
3931  of  the  Revised  Statutes  of  Ohio.  The  board  thus  elected,  shall 
organize  on  the  second  Monday  after  the  election  and  the  term  of 
the  members  shall  be  as  indicated  in  section  3930  of  the  Revised 
Statutes  of  Ohio,  from  the  ftrst  Monday  in  January  after  the  last 
preceding  annual  election  for  members  of  boards  of  education,  or 
until  their  successors  are  elected  and  qualified.  (Passed  and  approved 
April  25,  1904.) 

Sec.  3933.  [Organization  of  board  of  education ;  president ;  clerk ; 
regular  meetings.]  Boards  of  education  of  special  school  districts, 
shall  organize  on  the  first  Monday  in  January  after  the  election  of 
the  board,  by  the  election  of  one  of  their  members  president  and 
the  election  of  a  clerk  who  may  or  may  not  be  a  member  of  the 
board,  the  president  to  be  elected  for  one  year  and  the  clerk  to  be 
elected  for  a  term  not  to  exceed  two  years ;  and  they  shall  fix  the  time 
of  holding  regular  meetings.  (Passed  and  approved  April  25,  1904.) 

Sec.  3934.  [Transportation  of  pupils  in  special  districts. |  Hoards 
of  education  of  special  school  districts  are  authorized  to  provide  for 
the  conveyance  of  pupils  of  said  districts  to  the  school  or  schools  of 
the  districts,  the  expense  of  said  conveyance  to  be  paid  from  the 
school  funds  of  the  special  school  districts ;  provided,  however,  that 
boards  of  education  of  such  districts  as  provide  transportation  for 
the  pupils  thereof,  shall  not  be  required  to  transport  pupils  living 
less  than  one-half  of  a  mile  from  the  school  house,  transportation 
of  such  pupils  being  optional  with  the  board  of  education.  Provided, 
further,  that  when  any  pupils  of  said  district  reside  at  a  greater  dis- 
tance than  one  and  one-half  miles  from  the  school  house  the  board 
of  education  shall  be  required  to  provide  for  the  conveyance  of  such 
pupils  and  the  expense  thereof  to  be  paid  from  the  school  funds  »f 
said  special  school  district.  (Passed  and  approved  April  25,  1904.) 

Sec.  3935.  [  Abandonment  or  continuance  of  special  district,  elec- 
tion for.]  When  a  petition  is  signed  by  not  less  than  one-third  of 


OHIO   SCHOOL   LAWS.  39 


Special  School  Districts.  Ch.  5. 

the  electors  residing  within  the  territory  constituting  a  special  school 
district,  whether  created  under  the  provisions  of  a  general  or  special 
act,  praying  for  the  abandonment  or  continuance  of  such  district, 
shall  be  presented  to  the  board  of  education  of  said  district,  or  when 
said  board  shall,  by  a  majority  vote  of  the  full  membership  of  the 
board,  decide  to  submit  the  question  of  abandoning  or  continuing  the 
special  school  district,  it  shall  be  the  duty  of  the  board  to  fix  the  time 
of  holding  said  election  at  either  a  special  or  general  etection  and 
the  clerk  of  the  board  shall  notify  the  deputy  state  supervisors  of 
elections,  as  provided  in  section  3931  of  the  Revised  Statutes  of 
Ohio,  of  the  date  of  such  election  and  the  nature  of  the  same  and 
said  supervisors  of  elections  shall  provide  for  the  same.  The  clerk 
of  the  board  of  education  shall  also  post  notices  of  said  election  in 
five  public  places  within  the  district.  If  said  election  be  submitted 
at  a  special  election  in  a  district  situated  in  two  or  more  election  pre- 
cincts, the  election  shall  be  held  at  the  precinct  nearest  the  school 
house  in  said  special  district,  by  the  election  officers  of  the  precinct, 
and  all  the  electors  of  said  district  shall  vote  at  said  precinct.  If  the 
district  is  situated  in  two  or  more  counties,  the  deputy  state  super- 
visors of  the  county  in  which  said  nearest  election  precinct  is  situated, 
shall  have  charge  of  the  election.  If  said  question  is  submitted  at 
a  regular  election,  it  shall  be  conducted  in  the  same  manner  as  the 
election  of  members  of  the  board  of  education.  The  ballot  shall 
be  in  the  regular  form,  but  without  the  circle  at  the  top,  and  shall 
have  printed  thereon  "Abandonment  of  Special  School  District,  Yes ;" 
"Abandonment  of  Special  School  District,  No;"  or  "Continuance  of 
Special  School  District,  Yes ;"  "Continuance  of  Special  School  Dis- 
trict, No,"  as  the  case  may  be.  The  expense  of  said  election  shall 
be  paid  in  the  same  manner  as  are  other  school  election  expenses, 
and  returns  of  said  elections  shall  be  made  to  the  board  of  education 
of  the  special  school  district  and  if  more  votes  are  cast  for  abandon- 
ment than  against  it,  or  against  continuance  than  for  it,  said  boards 
shall  certify  the  result  to  the  board  or  boards  of  education  of  the 
township  or  townships  having  territory  in  said  special  district  and 
the  territory  of  said  special  district  shall  thereby  revert  to  the  town- 
ship school  district  or  districts  from  which  it  was  originally  taken, 
except  as  hereinafter  provided  for  in  the  case  of  indebtedness  of  the 
special  district.  Otherwise  said  district  shall  continue  to  be  and 
remain  and  be  recognized  and  regarded  as  a  legal  special  school 
district  as  theretofore  constituted.  The  legal  title  of  the  property 
of  the  special  school  district  shall  in  the  event  of  abandonment 
or  failure  to  continue  become  vested  in  the  board  or  boards  of  edu- 
cation of  the  township  or  townships  in  which  such  property  is  sit- 


40  OHIO   SCHOOL   LAWS. 


Ch.  5.  Special  School  Districts. 


uated.  And  the  school  funds  of  said  special  district  shall  be  paid 
into  the  treasury  of  the  township  district  and.  if  said  special  dis- 
trict be  in  two  or  more  townships,  it  shall  be  divided  between  them 
in  proportion  to  the  total  tax  valuation  of  property  in  the  several 
districts,  but  the  abandonment  of  a  special  school  district  shall  not 
be  deemed  complete  until  the  board  of  education  of  said  district  shall 
have  provided  for  the  payment  of  any  indebtedness  that  may  exist. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3936.       Repealed  April  25,  1904. 

Sec.  3937.      Repealed  April  25,  1904. 

Sec.  3938.       Repealed  April  25,  1904. 

Sec.  3939.       Repealed  April  25,  1904. 

Sec.  3940.       Repealed  April  25,  1904. 

Sec.  3941.       Repealed  April  25,  1904. 

Sec.  39410.     Repealed  89  v.  96. 

Sec.  3942.       Repealed  April  25,  1904. 

Sec.  3943.       Repealed  April  25,  1904. 

Sec.  3944.       Repealed  April  25,  1904. 

Sec.  3945.       Repealed  April  25,1904. 

Sec.  3946.       Repealed  April  25,  1904. 

Sec.  39460.     Repealed  94  v.  64. 

Sec.  3947.       Repealed  April  25,  1904 

Sec.  3948.       Repealed  April  25,  1904. 

Sec.  3949.       Repealed  90  v.  76. 

Sec.  3950.       Repealed  April  25,  1904. 


OHIO   SCHOOL  LAWS. 


41 


School  Funds. 


Ch.  6. 


CHAPTER  VI. 


SCHOOL  FUNDS. 


SECTION. 

3951.  "The   state   common   school   fund" 

and      "Ohio      state      university 

fund." 
3951o.     Ohio   and  Miami   university   fund; 

admission  of  pupils. 
39516.     Distribution  of  fund. 

3952.  Interest  upon  proceeds  of  salt  and 

swamp  lands. 

3952-1.  Proceeds  of  sale  of  swamp  lands  to 
go  to  common  school  funds ;  how 
funded,  and  interest  distributed. 

3953.  The  "common  school  fund". 

3954.  Accounts  of  common  school  fund; 

how  kept,  etc. 

3955.  Bequests,  etc.,  In  trust  for  common 

school  fund. 

3956.  Apportionment  of  school  funds  by 

auditor  of  state. 

3957.  To    what    county    common    school 

fund  paid  when  county  line  di- 
vides original  surveyed  town- 
ship. 

3958.  Boards  of  education  to  make  local 

tax  levy. 
3958a.     Repealed. 
3958-1.    Repealed. 
3958-2.    Repealed. 

3959.  Maximum  tax  levy  for  school  pur- 

poses; when  greater  tax  may  be 
levied. 

3960.  Rate  of  levy  to  be  certified  to  coun- 

ty auditor. 


SECTION. 

3961.  Repealed. 
3961o.     Repealed. 

3962.  Repealed. 

3963.  Tax  levy  and  funds  of  district  In 

two  or  more  counties. 

3964.  Apportionment  of   school   fund  by 

county  auditor. 

3965.  Distribution  of  money  after  appor- 

tionment. 

3966.  Apportionment   of    school     fund   by 

county  auditor  when  county  line 
divides  original  surveyed  town- 
ship. 

3967.  Certificate     of    apportionment     by 

county  auditor. 

3968.  Depositories     for     school     funds, 

boards  of  education  may  provide. 

3969.  When  a  board  of  education  fails  to 

provide  proper  school  facilities 
the  county  commissioners  shall 
act. 

3970.  County  auditor  to  collect  fines,  etc., 

and  inspect  section  sixteen  ac- 
counts. 

3970-1.  Sinking  fund,  board  of  commis- 
sioners of. 

3970-2.    How  sinking  fund  invested. 

3970-3.  Refunding,  renewing  or  extending 
bonded  debt. 

3970-4.  Reports  of  sinking  fund;  how  or- 
ders are  drawn. 


Sec.  3951.  ["The  state  common  school  fund"  and  "The  Ohio 
State  University  fund."]  For  the  purpose  of  affording  the  advantages 
of  a  free  education  to  all  the  youth  of  the  state,  there  shall  be  levied 
annually  a  tax  on  the  grand  list  of  the  taxable  property  of  the  state, 
which  shall  be  collected  in  the  same  manner  as  other  state  taxes 
and  the  proceeds  -of  which  shall  constitute  "the  state  common  school 
fund,"  and  for  the  purpose  of  higher,  agricultural  and  industrial 
education,  including  manual  training,  there  shall  be  levied  and  col- 
lected in  the  same  manner  a  tax  on  the  grand  list  of  taxable  property 
of  the  state,  which  shall  constitute  "the  Ohio  state  university  fund." 
The  rate  for  such  levy  in  each  case  shall  be  designated  by  the 
general  assembly  at  least  once  in  two  years;  and  if  the  general 
assembly  shall  fail  to  designate  the  rate  for  any  year  the  same  shall 
be  for  "the  state  common  school  fund"  ninety-five  one-hundredths  of 
one  mill,  each  year  for  the  years  1902  and  1903,  and  one  mill  each 
year  thereafter;  for  the  "Ohio  state  university  fund,"  fifteen  one-hun- 
dredths of  one  mill  upon  each  dollar  of  valuation  of  such  taxable 


42  OHIO   SCHOOL   LAWS. 


Ch.  6.  School  Funds. 


property,  each  year  for  the  years  1902  and  1903,  and  ten-hundredths 
of  one  mill  each  year  thereafter.  (95  v.  439;  94  v.  81 ;  92  v.  59;  88  v. 
1 59;  7ov.  195,  §  126.) 

Sec.  39510.  [Ohio  and  Miami  university  fund;  admission  of 
pupils.]  For  the  purpose  of  affording  adequate  support  to  the  Ohio 
university  and  to  the  Miami  university  there  shall  be  levied  annu- 
ally a  tax  on  the  grand  list  of  taxable  property  of  the  state  of 
Ohio,  which  shall  be  collected  in  the  same  manner  as  other  state 
taxes  and  the  proceeds  of  which  shall  constitute  the  "Ohio  and  Miami 
university  fund."  The  rate  of  such  levy  shall  be  designated  by  the 
general  assembly  at  least  once  in  two  years,  and  if  the  general  as- 
sembly shall  fail  to  designate  the  rate  for  any  year,  the  same  shall 
be  for  the  said  "the  Ohio  and  Miami  university  fund"  three  one- 
hundredths  (.03)  of  one  mill  upon  each  dollar  of  valuation  of  such 
taxable  property.  Said  Ohio  university  and  Miami  university  shall 
admit  free  of  tuition  all  residents  of  this  state  who  shall  conform  to 
the  standards  of  admission.  (92  v.  41.) 

Sec.  39516.  [Distribution  of  fund.]  The  said  "Ohio  and  Miami 
university  fund"  shall  be  distributed  and  paid  annually,  seven-twelfths 
(7-12)  thereof  to  the  treasurer  of  the  Ohio  university  upon  the  order  of 
the  president  of  the  board  of  trustees  of  said  Ohio  university,  and  five- 
twelfths  (5-12)  thereof  to  the  treasurer  of  the  Miami  university  upon 
the  order  of  the  president  of  the  board  of  trustees  of  the  said  Miami 
university.  (92  v.  41.) 

Sec.  3952.  [Interest  upon  proceeds  of  salt  and  swamp  lands.] 
The  state  shall  pay  interest  annually,  at  the  rate  of  six  per  cent  per 
annum,  upon  all  money  which  has  been  paid  into  the  state  treasury 
on  account  of  sales  of  lands  commonly  called  "salt  lands,"  and  upon  all 
money  heretofore  paid,  or  which  may  hereafter  be  paid  into  the 
state  treasury  on  account  of  sales  of  swamp  lands  granted  to  the 
state  of  Ohio  by  act  of  congress ;  the  money  received  from  such  sales 
shall  constitute  an  irreducible  debt  of  the  state;  and  the  interest 
shall  be  apportioned  annually  on  the  same  basis  as  the  state  common 
school  fund  is  apportioned,  and  distributed  to  the  several  counties 
as  provided  in  section  thirty-nine  hundred  and  fifty-six.  (70  v.  195, 
§  I32;49v.  40,  §  i;Sf  &C.  1338.) 

Sec.  3952-1.  [Proceeds  of  sale  of  swamp  lands  to  go  to  common 
school  funds ;  how  funded,  and  interest  distributed.]  The  net  proceeds 
that  may  hereafter  be  paid  into  the  state  treasury,  from  the  sales  of 
swamp  lands  granted  to  the  state  of  Ohio  by  act  of  Congress  passed 
September  28,  1850,  be  and  the  same  is  hereby  appropriated  to  the 
general  fund  for  the  support  of  common  schools;  and  the  state  of 


OHIO   SCHOOL   LAWS.  43 


School  Funds.  Ch.  6. 


Ohio  is  hereby  pledged  to  pay  the  interest,  annually,  on  any  and 
all  sums  of  money  which  may  be  paid  into  the  state  treasury,  from 
the  sales  of  said  lands,  from  the  receipt  of  such  money  into  the  treasury 
aforesaid ;  and  the  interest  arising  as  aforesaid  shall  be  funded,  annual- 
ly, until  the  first  day  of  January,  in  the  year  eighteen  hundred  and  fifty- 
five  ;  after  which  time  the  interest  shall  be  annually  distributed  to  the 
several  counties  in  this  state,  in  proportion  to  the  number  of  male 
inhabitants  above  the  age  of  twenty-one,  as  the  law  shall  be  ascer- 
tained for  the  apportionment  of  representatives ;  and  the  proportion 
of  interest  due  to  each  and  every  such  county  shall  be  distributed  for 
the  support  of  common  schools,  in  the  respective  counties,  in  the  man- 
ner prescribed  in  the  "act  to  provide  for  the  support  and  better  reg- 
ulation of  common  schools".  (1883,  March  5;  80  v.  39;  R.  S.  1880; 
49  v.  40;  S.  &  C.  1338.) 

Sec.  3953.  [The  "common  school  fund."]  The  money  which  has 
been  and  may  hereafter  be  paid  into  the  state  treasury  on  account  of 
sales  of  lands  granted  by  congress  for  the  support  of  public  schools 
in  any  original  surveyed  township,  or  other  district  of  country,  shall 
constitute  the  "common  school  fund, "of  which  the  auditor  of  state 
shall  be  superintendent,  and  the  income  of  which  shall  be  applied 
exclusively  to  the  support  of  common  schools,  in  the  manner  desig- 
nated in  this  chapter.  (70  v.  195,  §§  127,  128;  S.  &  C.  1335.) 

Sec.  3954.  [Accounts  of  common  school  fund;  how  kept,  etc.] 
The  common  school  fund  shall  constitute  an  irreducible  debt  of 
the  state,  on  which  the  state  shall  pay  interest  annually,  at  the  rate  of 
six  per  cent,  per  annum,  to  be  computed  for  the  calendar  year,  and 
the  first  computation  on  any  payment  of  principal  hereafter  made 
to  be  from  the  time  of  payment  to  and  including  the  thirty-first  day 
of  December  next  succeeding;  and  the  auditor  of  state  shall  keep 
an  account  of  the  fund,  and  of  the  interest  which  accrues  thereon, 
in  a  book  or  books  to  be  provided  for  the  purpose,  with  each  origi- 
nal surveyed  township  and  other  district  of  country  to  which  any  part 
of  the  fund  belongs,  crediting  each  with  its  share  of  the  fund,  and 
showing  the  amount  of  interest  thereon  which  accrues  and  the  amount 
which  is  disbursed  annually  to  each.  (70  v.  195,  §§  128,  129 ;  S.  &  C. 

I335-) 

Sec.  3955.  [Bequests,  etc.,  in  trust  for  common  school  fund.  1 
When  any  grant  or  devise  of  land,  or  any  donation  or  bequest  of 
money  or  other  personal  property,  is  made  to  the  state  of  Ohio,  or  to 
any  person,  or  otherwise,  in  trust  for  the  common  school  fund,  the 
same  shall  become  vested  in  said  fund ;  and  when  the  money  arising 
therefrom  is  paid  into  the  state  treasury,  proper  accounts  thereof  shall 


44  OHIO   SCHOOL   LAWS. 


Ch.  6.  School  Funds. 


be  kept  by  the  auditor  of  state,  and  the  interest  accruing  therefrom 
shall  be  applied  according  to  the  intent  of  the  grantor,  donor,  or 
devisor.  (70  v.  195,  §  131 ;  S.  &  C.  1336.) 

Sec.  3956.  [Apportionment  of  school  funds  by  auditor  of  state.] 
The  auditor  of  state  shall  apportion  the  state  common  school  fund  to 
the  several  counties  of  the  state  semi-annually,  upon  the  basis  of  the 
enumeration  of  youth  therein,  as  shown  by  the  latest  abstract  of 
enumeration  transmitted  to  him  by  the  state  commissioner  of  common 
schools  ;  before  making  his  February  settlement  with  county  treasurers 
he  shall  apportion  such  amount  thereof  as  he  shall  estimate  to  have 
been  collected  up  to  that  time,  and,  in  the  settlement  sheet  which  he 
transmits  to  the  auditor  of  each  county,  shall  certify  the  amount  pay- 
able to  the  treasurer  of  his  county ;  before  making  his  final  settlement 
with  county  treasurers  each  year,  he  shall  apportion  the  remainder  of 
the  whole  fund  collected,  as  nearly  as  the  same  can  be  ascertained,  and 
in  the  August  settlement  sheet  which  he  transmits  to  the  auditor  of 
each  county  shall  certify  the  amount  payable  to  the  treasurer  of  his 
county ;  in  each  February  settlement  sheet  he  shall  also  enter  the 
amount  of  money  payable  to  the  county  treasurer  on  the  apportion- 
ment of  interest  specified  in  section  thirty-nine  hundred  and  fifty-two;  he 
shall  also  enter  in  each  February  settlement  sheet  the  amount  of  money 
payable  to  the  county  treasurer  on  account  of  interest  for  the  pre- 
ceding year  on  the  common  school  fund,  and  designate  the  source  or 
sources  from  which  the  interest  accrued ;  he  shall  transmit  with  each 
February  settlement  sheet  a  certified  statement,  showing  the  amount 
of  interest  derived  from  the  common  school  fund  payable  to  each 
original  surveyed  township  or  other  district  of  country  within  the 
county ;  and  the  treasurer  of  each  county  shall,  at  each  semi-annual 
settlement  with  the  auditor  of  state,  retain  in  the  county  treasury, 
from  the  state  taxes  collected  by  him,  the  amount  of  the  funds  he'ein 
mentioned  shown  by  the  settlement  sheet  of  the  auditor  of  state  to 
be  payable  to  him  at  that  time ;  but  if  such  amount  for  any  county 
exceeds  the  amount  of  state  taxes  collected  therein,  the  auditor  of 
state  shall  draw  an  order  on  the  treasurer  of  state,  in  favor  of  the 
treasurer  of  such  county,  for  the  balance  of  school  funds  due  his 
county,  and  transmit  the  same  to  such  county  treasurer,  and  the 
treasurer  of  state  shall  pay  such  order  upon  its  presentation  to  him. 
(70  v.  195,  §§  120,  130;  S.  &  C.  1359.) 

Sec.  3957.  [To  what  county  common  school  fund  paid  when 
county  line  divides  original  surveyed  township.]  If  parts  of  an 
original  surveyed  township  or  fractional  township  are  situate  in  two 
or  more  counties,  the  amount  of  interest  on  common  school  fund  due 


OHIO   SCHOOL  LAWS.  45 

School  Funds.  Ch.  6. 

to  such  township  shall  be  paid  in  the  manner  provided  in  the  last 
section,  to  the  treasurer  of  the  county  wherein  the  greatest  relative 
portion  of  such  township  is  situate ;  but  if  it  be  uncertain  in  which 
county  such  portion  is  situate,  the  amount  of  interest  due  to  such 
township  shall  be  paid  to  the  treasurer  of  the  oldest  county  in  which 
any  part  of  the  township  is  situate.  (70  v.  195,  §  130.)  ' 

Sec.  3958.  [Boards  of  education  to  make  local  tax  levy.]  Each 
board  of  education  shall,  annually,  at  a  regular  or  special  meeting 
held  between  the  third  Monday  in  April  and  the  first  Monday  in  June, 
fix  the  rate  of  taxation  necessary  to  be  levied  for  all  school  purposes, 
after  the  state  funds  are  exhausted;  said  levy  shall  be  divided  by  the 
board  of  education  into  four  funds,  namely,  first,  Tuition  Fund ;  second, 
Building  Fund ;  third,  Contingent  Fund ;  fourth,  Bonds,  Interest  and 
Sinking  Fund,  and  a  separate  levy  shall  be  made  for  each  fund;  pro- 
vided, that  in  every  city  school  district,  said  levies  shall  be  submitted 
to  the  board  of  review  of  the  city,  which  shall  consider  the  same,  and 
approve  or  reduce  said  levies,  or  any  part  thereof,  and  return  the  same 
to  the  board  of  education,  and  said  levies  shall  then  become  valid  and 
effective  as  so  approved  or  reduced ;  but  if  said  board  of  review  fail  or 
neglect  to  act  upon  said  levies  within  ten  days  after  the  receipt  of 
the  same  from  the  board  of  education,  then  said  levies  shall  become 
valid  and  effective  without  the  action  of  said  board  of  review.  (Passed 
and  approved  April  25,  1904.) 

Sec.  39580.       Repealed  April  25,  1904. 

Sec.  3958-1.      Repealed  April  25,  1904. 

Sec.  3958-2.      Repealed  April  25,  1904. 

Sec.  3959.  [Maximum  tax  levy  for  school  purposes ;  when  greater 
tax  may  be  levied.]  The  local  tax  levy  for  all  school  purposes  shall 
not  exceed  twelve  mills  on  the  dollar  of  valuation  of  taxable  property 
in  any  school  district,  but  said  levy  shall  not  include  any  special  levy 
for  a  specific^  purpose,  provided  for  by  a  vote  of  the  people.  A  greater 
tax  than  is  authorized  herein  may  be  levied  for  any  or  all  school  pur- 
poses if  the  proposition  to  make  such  levy  shall  have  been  first  sub- 
mitted, by  the  board  of  education,  to  a  vote  of  the  electors  of  the  school 
district,  under  a  resolution  prescribing  the  time,  place  and  nature  of 
the  proposition  to  be  submitted,  and  approved  by  a  majority  of  those 
voting  on  the  proposition ;  notice  of  said  election  must  be  given  by 
publication  of  the  resolution  for  three  consecutive  weeks  prior  thereto 
in  some  newspaper  published  and  of  general  circulation  in  the  district, 
or  by  posting  copies  thereof  in  five  of  the  most  conspicuous  places  in 
the  district  for  a  like  period,  if  no  such  paper  is  published  therein. 
(Passed  and  approved  April  25,  1904.) 


46  OHIO   SCHOOL   LAWS. 


Ch.  6.  School  Funds. 


Sec.  3960.  [Rate  of  levy  to  be  certified  to  county  auditor.]  The 
amount  of  the  levy  fixed  by  the  board  of  education  under  sections 
thirty-nine  hundred  and  fifty-eight  and  thirty-nine  hundred  and  fifty- 
nine  shall  be  certified  to  the  county  auditor  in  writing,  on  or  before  the 
first  Monday  in  June  of  each  year,  who  shall  assess  the  entire  amount 
upon  all  the  taxable  property  of  the  district,  and  enter  it  upon  the  t;i\ 
duplicate  of  the  county,  and  the  county  treasurer  shall  collect  the 
same,  at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes  are  collected,  and  pay  it  to  the  treasurer  of  the  district  upon 
the  warrant  of  the  county  auditor ;  and  unless  the  county  treasurer 
is  paid  a  fixed  salary  he  shall  receive  one  per  centum  on  all  money 
so  collected,  and  no  more.  (Passed  and  approved  April  25,  1904.) 

Sec.  3961.       Repealed  April  25,  1904. 

Sec.  39610.     Repealed  April  25,  1904. 

Sec.  3962.       Repealed  April  25,  1904. 

Sec.  3963.  [Tax  levy  and  funds  of  district  in  two  or  more  coun- 
ties.] When  a  school  district  is  composed  of  territory  in  two  or  more 
counties  the  rate  of  taxation  shall  be  ascertained  by  the  board  of  edu- 
cation of  such  district  and  shall  be  certified  to  the  auditors  of  the 
several  counties  and  such  county  auditors  shall  place  the  same  on  the 
tax  duplicate  and  the  same  shall  be  collected  as  provided  in  section 
thirty-nine  hundred  and  sixty  of  the  Revised  Statutes  of  Ohio.  The 
funds  belonging  to  a  district  composed  of  territory  in  more  than  one 
county  shall  be  paid  by  the  treasurers  of  the  other  counties  to  the 
treasurer  of  the  county  having  the  greatest  tax  valuation  in  said 
district ;  the  auditors  of  the  other  counties  shall  make  settlement  on 
account  of  such  funds  with  the  auditor  of  the  county  having  said 
greatest  tax  valuation ;  and  the  treasurer  of  the  district  shall  make 
the  settlement  required  by  section  thirty-nine  hundred  and  sixty-six 
of  the  Revised  Statutes  of  Ohio,  with  such  auditor.  (Passed  and 
approved  April  25,  1904.) 

Sec.  3964.  [Apportionment  of  school  fund  by  county  auditor.] 
Each  county  auditor  shall,  immediately  after  each  annual  settlement 
with  the  county  treasurer,  apportion  the  school  funds  for  his  county; 
the  state  common  school  fund  shall  be  apportioned  in  proportion 
to  the  enumeration  of  youth  in  each  of  the  several  school  districts 
within  the  county,  but  if  an  enumeration  of  the  youth  of  any  district 
has  not  been  taken  and  returned  for  any  year,  such  district  shall  not 
be  entitled  to  receive  any  portion  of  said  fund ;  the  local  school  tax 
collected  from  the  several  districts  shall  be  paid  to  the  districts  from 
which  it  was  collected ;  money  received  from  the  state  on  account  of 
interest  on  the  common  school  fund  shall  be  apportioned  to  the 


OHIO    SCHOOL   LAWS.  47 


School  Funds.  Ch.  6. 


school  districts  and  parts  of  school  districts  within  the  territory 
designated  by  the  auditor  of  state  as  entitled  thereto,  in  proportion 
to  the  enumeration  of  youth  therein,  and  all  other  money  in  the  county 
treasury  for  the  support  of  the  common  schools,  and  not  otherwise 
appropriated  by  law,  shall  be  apportioned  annually  in  the  same 
manner  as  the  state  common  school  fund.  (Passed  and  approved 
April  25,  1904.) 

Sec.  3965.  [Distribution  of  money  after  apportionment.]  The 
auditor  shall  immediately  after  such  apportionment  is  made,  enter 
the  same  in  a  book  to  be  kept  for  that  purpose,  and  furnish  a  certi- 
fied copy  of  the  apportionment  to  each  school  treasurer  and  clerk  of 
his  county ;  and  he  shall  give  to  each  of  such  treasurers  an  order 
on  the  county  treasurer  for  the  amount  of  money  payable  to  him, 
and  take  his  receipt  therefor.  (70  v.  195,  §  120.) 

Sec.  3966.  [Apportionment  of  common  school  fund  by  county 
auditor  when  county  line  divides  original  surveyed  township.]  When 
an  original  surveyed  township  or  fractional  township  is  situate  in  two 
or  more  counties,  and  the  land  granted  thereto  by  congress  for  the 
support  of  public  schools  has  been  sold,  the  auditor  of  the  county,  to 
whose  treasurer  the  interest  on  the  proceeds  of  such  sale  is  paid,  shall 
apportion  such  interest  to  the  counties  in  which  such  township  is 
situate,  in  proportion  to  the  youth  of  the  township  enumerated  in  each ; 
such  auditor  shall  certify  to  the  auditor  of  each  of  the  other  counties 
the  amount  so  ascertained  to  belong  to  the  part  of  the  township 
situate  in  his  county,  and  transmit  to  the  treasurer  of  each  of  such 
counties  an  order  on  the  treasurer  of  his  own  county  for  such  amount ; 
and  the  auditor  of  each  county  shall  apportion  the  amount  of  such 
interest  belonging  to  the  part  of  the  township  in  his  county,  to  the  dis- 
tricts or  parts  of  districts  entitled  thereto,  in  proportion  to  the 
enumeration  of  youth  therein,  and  certify  and  pay  the  same  to  the 
proper  school  officers,  as  provided  in  the  preceding  section.  (70  v. 
195,  §§  121,  122;  72  v.  63,  §  36.) 

Sec.  3967.  [  Certificate  of  apportionment  by  county  auditor.]  The 
certificate  of  apportionment  furnished  by  the  county  auditor  to  the 
treasurer  and  clerk  of  each  school  district  shall  exhibit  the  amount  of 
money  received  by  each  district  from  the  state,  the  amount  received 
from  any  special  tax  lev}*-  made  for  a  particular  purpose  as  well  as  the 
amount  received  from  local  taxation  of  a  general  nature ;  the  amount 
received  from  the  state  common  school  fund  and  the  common  school 
fund  shall  be  designated  the  "tuition  fund"  and  shall  be  appropriated 
only  for  the  payment  of  superintendents  and  teachers  ;  the  funds  receiv- 
ed from  special  levies  shall  be  designated  in  accordance  with  the 


48  OHIO   SCHOOL   LAWS. 


Ch.  6.  School  Funds. 


purpose  for  which  the  special  levy  was  made  and  shall  be  paid  out  only 
for  such  purpose,  but  when  a  balance  remains  on  [in]  such  fund  after 
all  expenses  incident  to  the  purpose  for  which  it  was  raised  shall  have 
been  paid,  such  balance  shall  become  a  part  of  the  contingent  fund 
and  it  shall  be  the  duty  of  the  board  of  education  to  make  such  trans- 
fer by  resolution;  the  funds  received  from  the  local  levy  for  general 
purposes  shall  be  designated  as  indicated  in  section  thirty-nine  hun- 
dred and  fifty-eight,  so  as  to  correspond  to  the  particular  purpose  for 
which  the  levy  was  made;  all  moneys  coming  from  sources  not 
enumerated  herein  shall  be  placed  in  the  contingent  fund.  (Passed 
and  approved  April  25,  1904.) 

Sec.  3968.  [Depositories  for  school  funds,  boards  of  education 
may  provide.]  The  board  of  education  of  any  school  district  shall 
have  authority  to  provide  by  resolution  for  the  deposit  of  any  or  all 
moneys  coming  into  the  hands  of  the  treasurer  of  the  board.  Pro- 
vided, however,  that  no  bank  shall  receive  a  larger  deposit  than  the 
amount  of  its  paid-in  capital  stock,  and  in  no  event  to  exceed  three 
hundred  thousand  dollars  ($300,000.00).  In  school  districts  contain- 
ing two  or  more  banks  such  deposit  shall  be  made  in  the  bank  or  banks, 
situated  in  the  district,  that  shall  offer  at  competitive  bidding  the 
highest  rate  of  interest  which  in  no  case  shall  be  less  than  two  per 
cent,  for  the  full  time  the  funds  or  any  part  thereof  are  on  deposit, 
and  such  bank  or  banks  shall  give  a  good  and  sufficient  bond  of  some 
approved  guaranty  company  in  a  sum  at  least  equal  to  the  amount 
deposited,  and  it  shall  be  the  duty  of  the  treasurer  of  the  school 
district  to  see  that  a  greater  sum  than  that  contained  in  the  bond  is 
not  deposited  in  such  bank  or  banks  and  said  treasurer  and  his  bonds- 
men shall  be  liable  for  any  loss  occasioned  by  deposits  in  excess  of 
such  bond ;  the  board  shall  determine  in  such  resolution  the  method 
by  which  such  bids  shall  be  received,  the  authority  which  shall  re- 
ceive them,  the  time  for  which  such  deposits  shall  be  made  and  all 
details  for  carrying  into  effect  the  authority  herein  given,  but  all 
such  proceedings  in  connection  with  such  competitive  bidding  and 
deposit  of  such  moneys  shall  be  conducted  in  such  a  manner  as  to 
insure  full  publicity  and  shall  be  open  at  all  times  to  public  inspection ; 
if  in  the  opinion  of  a  board  of  education  there  has  been  any  collusion 
between  the  bidders,  said  board  may  reject  any  or  all  bids  and  may 
provide  for  the  deposit  of  funds  in  a  bank  or  banks  without  the  dis- 
trict as  hereinafter  provided  for  in  districts  not  having  two  or  more 
banks  located  therein.  In  all  school  districts  containing  less  than  two 
banks  the  board  of  education  may,  after  the  adoption  of  a  resolution 
providing  for  the  deposit  of  its  funds,  enter  into  a  contract  with  one 
or  more  banks  that  are  conveniently  located  and  offer  the  highest 


OHIO   SCHOOL  LAWS.  49 


School  Funds.  Ch.  6. 


rate  of  interest,  which  shall  in  no  case  be  less  than  two  per  cent,  for 
the  full  time  the  funds  or  any  part  thereof  are  on  deposit,  and  said 
bank  or  banks  shall  give  good  and  sufficient  bond  of  some  approved 
guaranty  company  in  a  sum  at  least  equal  to  the  amount  deposited 
and  it  shall  be  the  duty  of  the  treasurer  of  the  school  district  to  see 
that  a  greater  sum  than  that  contained  in  the  bond  is  not  deposited  in 
such  bank  or  banks,  and  said  treasurer  and  his  bondsmen  shall  be 
liable  for  any  loss  occasioned  by  deposits  in  excess  of  such  bond ;  said 
resolution  and  contract  shall  set  forth  fully  all  details  necessary  to 
carry  into  effect  the  authority  herein  given  and  all  proceedings  con- 
nected with  the  adoption  of  said  resolution  and  the  making  of  said 
contract  shall  be  conducted  in  such  a  manner  as  to  insure  full  pub- 
licity and  shall  be  open  at  all  times  to  public  inspection.  When 
a  depository  is  provided  as  authorized  herein  and  the  funds  are  de- 
posited therein,  the  treasurer  of  the  school  district  and  his  bondsmen 
shall  be  relieved  of  any  liability  occasioned  by  the  failure  of  the 
bank  or  banks  of  deposit  or  by  the  failure  of  the  guaranty  company 
acting  as  surety  for  such  bank  or  banks  or  by  the  failure  of  either  of 
them,  except  as  herein  provided  in  .cases  of  excessive  deposits. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3969.  [When  a  board  of  education  fails  to  provide  proper 
school  facilities  the  county  commissioners  shall  act.]  If  the  board 
of  education  in  any  district  fail  in  any  year  to  estimate  and  certify 
the  levy  for  a  contingent  fund  as  required  by  this  chapter,  or  if  the 
amount  so  certified  is  deemed  insufficient  for  school  purposes,  or  if 
it  fail  to  provide  sufficient  school  privileges  for  all  the  youth  of 
school  age  in  the  district  or  to  provide  for  the  continuance  of  any 
school  in  the  district  for  at  least  seven  months  in  the  year,  or  to  pro- 
vide for  each  school  an  equitable  share  of  school  advantages  as  re- 
quired by  this  title,  or  to  provide  suitable  school  houses  for  all  the 
schools  under  its  control,  or  to  elect  a  superintendent  or  teachers, 
the  commissioners  of  the  county  to  which  such  district  belongs,  upon 
being  advised  and  satisfied  thereof,  shall  do  and  perform  any  or  all  of 
said  duties  and  acts,  in  as  full  a  manner  as  the  board  of  education  is 
by  this  title  authorized  to  do  and  perform  the  same;  and  the  members 
of  a  board  who  cause  such  failure  shall  be  each  severally  liable,  in 
a  penalty  not  to  exceed  fifty  nor  less  than  twenty-five  dollars,  to  be 
recovered  in  a  civil  action  in  the  name  of  the  state  upon  complaint 
of  any  elector  of  the  district,  which  sum  shall  be  collected  by  the 
prosecuting  attorney  of  the  county,  and  when  collected  shall  be  paid 
into  the  treasury  of  the  county,  for  the  benefit  of  the  school  or  schools 
of  the  district.  (Passed  and  approved  April  25,  1904.) 

4-S.  L. 


50  OHIO   SCHOOL   LAWS. 


Ch.  6.  School  Funds. 


Sec.  3970.  [County  auditor  to  collect  fines,  etc.,  and  inspect  sec- 
tion sixteen  accounts.]  The  auditor  of  each  county  shall  collect,  or 
cause  to  be  collected,  all  fines  and  other  money,  for  the  support  of 
common  schools  in  his  county,  and  pay  the  same  to  the  county 
treasurer;  he  shall  inspect  all  accounts  of  interest  accruing  on  ac- 
count of  section  sixteen  or  other  school  lands,  whether  the  same  is 
payable  by  the  state  or  by  the  debtors;  and  he  shall  take  all  proper 
measures  to  secure  to  each  school  district  in  his  county  the  full 
amount  of  school  funds  to  which  it  is  entitled.  (70  v.  195,  §  120.) 

Sec.  3970-1.  [Sinking  fund;  board  of  commissioners  of.]  In  any 
school  district  having  a  bonded  indebtedness,  for  the  payment  of  which 
together  with  interest,  no  provision  has  been  made  by  a  special 
tax  levy  for  that  particular  purpose,  it  shall  be  the  duty  of  the  board 
of  education  of  such  district  and  such  board  shall  annually,  on  or 
before  the  3ist  day  of  August,  set  aside  from  its  revenue  a  sum 
equal  to  not  less  than  one-fortieth  of  said  indebtedness  together 
with  a  sum  sufficient  to  pay  the  annual  interest  thereon.  The  board 
of  education  of  every  district  shall  provide  a  sinking  fund  for  the 
extinguishment  of  all  its'  bonded  indebtedness,  which  sinking  fund 
shall  be  managed  and  controlled  by  a  board  of  commissioners  des- 
ignated as  the  "Board  of  Commissioners  of  the  Sinking  Fund  of 
"  (inserting  the  name  of  the  district),  which  shall  be  com- 
posed of  five  electors  thereof,  and  who  shall  be  appointed  by  the  court 
of  common  pleas  of  the  county  in  which  such  district  is  rhiefly 
located,  provided,  that  in  city  or  village  districts  the  board  of  com- 
missioners of  the  sinking  fund  of  the  city  or  village  may  be  the  board 
of  commissioners  of  the  sinking  fund  of  the  school  district ;  the  com- 
missioners of  the  sinking  fund  shall  serve  without  compensation  and 
shall  give  such  bond  as  the  board  of  education  may  require  and  ap- 
prove, provided  that  any  surety  company  authorized  to  sign  such 
bonds  may  be  accepted  by  such  board  of  education  as  surety,  and 
the  cost  thereof,  together  with  all  necessary  expenses  of  the  com- 
missioners of  the  sinking  fund  shall  be  paid  by  said  commissioners 
out  of  the  funds  under  their  control.  (Passed  and  approved  April 
25,  1904.) 

Sec.  3970-2.  [How  sinking  fund  invested.]  The  board  of  com- 
missioners of  the  sinking  fund  shall  invest  the  sinking  fund  in 
bonds  of  the  United  States,  of  the  State  of  Ohio,  of  any  municipal 
corporation,  county,  township  or  school  district  within  the  state  of 
Ohio  or  in  bonds  of  its  own  issue.  All  interest  received  from  such 
investments  shall  be  deposited  in  the  treasury  to  the  credit  of  said 
sinking  fund,  and  reinvested  in  a  like  manner;  at  no  time  shall  there  be 


OHIO    SCHOOL    LAWS.  51 


School  Funds.  Ch.  6. 


over  one  thousand  dollars  kept  on  deposit  if  investment  can  be  made 
without  jeopardizing  the  prompt  redemption  of  bonds  falling  due. 
For  the  extinguishment  of  any  bonded  indebtedness  included  in  said 
sinking  fund,  the  board  of  commissioners  of  the  sinking  fund  is 
authorized  to  sell  or  use  any  of  the  securities  or  money  in  said  fund. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3970-3.  [Refunding,  renewing  or  extending  bonded  debt.] 
The  board  of  commissioners  of  the  sinking  fund  may  refund,' extend 
or  renew  the  bonded  debt  of  the  school  district  or  any  part  thereof, 
existing  at  the  time  of  the  taking  effect  of  this  act,  by  issuing  the 
bonds  of  said  school  district  for  such  periods,  not  exceeding  twenty 
years,  in  such  denomination,  payable  at  such  place  and  at  a  rate 
of  interest  not  to  exceed  the  rate  previous  to  such  refunding,  exten- 
sion or  renewal;  provided  that  the  aggregate  amount  of  the  refund- 
ing, extending  or  renewing  bonds  so  issued  shall  not  exceed  that 
of  the  bonds  so  refunded,  extended  or  renewed.  (Passed  and  ap- 
proved April  25,  1904.) 

Sec.  3970-4.  [Reports  of  sinking  fund;  how  orders  are  drawn.] 
The  clerk  of  the  board  of  commissioners  of  the  sinking  fund  shall 
make  an  annual  report  to  the  board  of  commissioners  of  the  sink- 
ing fund,  giving  a  detailed  statement  of  the  sinking  fund,  such  re- 
port shall  be  filed  at  such  time  as  the  board  shall  designate  and 
other  reports  may  be  required  by  the  board  when  the  same  shall 
be  deemed  necessary.  Orders  on  the  sinking  fund  shall  be  drawn 
by  the  same  authority  and  in  the  same  manner  as  other  orders  for 
the  payment  of  money  from  the  school  funds.  (Passed  and  approved 
April  25,  1904.) 


52 


OHIO   SCHOOL    LAWS. 


Oh.  7. 


Provisions  Applying  to  All  Boards. 


CHAPTER  VII. 


PROVISIONS  APPLYING  TO  ALL  BOARDS. 


SECTION. 

3970-10.    School   elections;   separate  ballots 

and  ballot    boxes;   returns    and 

canvass  of  vote. 
3970-11.    Notice  of  elections. 
3970-12.    Women    may    vote   and   be    voted 

for,  for  school  officers. 

3971.  Corporate  powers  of  board  of  edu- 

cation :  sales  of  property  exceed- 
ing three  hundred  dollars  in 
value;  exchange  of  real  estate 
with  municipal  corporation. 

3972.  Title  to  property  vested  in  boards 

•  of  education;  resolutions  and  or- 
ders to  remain  valid  until 
changed;  contracts,  bonds  and 
tax  levies  protected. 

3973.  School  property  exempt  from  tax- 

ation. 

3974.  Conveyances  and  contracts. 

3975.  Boards    of   education    may    accept 

bequests,  gifts,  or  endowments; 
limitation  on  same. 

3976.  Process  against  boards,   and  how 

served. 


SECTION. 

3977.  Prosecuting  attorney  and  city  so 

licitor  to  act  as  legal  adviser  of 
boards  of  education. 

3978.  Special    meetings,    how    called. 

3979.  Oath    of    members   and    other   of- 

ficers. 

3980.  Repealed. 

3981.  Vacancies   in   board  of  education, 

how  filled. 

3982.  Quorum;  majority  of  all  members 

required    in    certain    cases;    roll 
call;  pay  roll. 

3983.  Absence  of  president  or  clerk. 

3984.  Record  of  proceedings  and  attes- 

tation thereof. 

3985.  Boards     to     make     rules;     illegal 

meetings. 

3986.  Board     may     make    and     enforce 

rules  for  vaccination. 
3986-1.      Display  of  U.  S.  flag. 
Sec.  3.     Terms  of  office  of  existing  officers 

of  boards  of  education  (1904). 


Sec.  3970-10.  [School  elections;  separate  ballots  and  ballot-boxes; 
returns  and  canvass  of  vote.]  The  election  of  members  of  boards 
of  education  shall  be  governed  and  controlled  by  the  gene'al  election 
laws  of  the  state.  There  shall  be  separate  poll-books  and  tally-sheets 
used  for  all  elections  for  school  purposes,  and  the  ballots  of  the 
electors  at  said  elections  shall  be  deposited  in  a  separate  ballot-box. 
In  city  school  districts  the  ballots  for  each  sub-district  shall  con- 
tain the  names  of  the  candidates  for  member  of  the  board  of  edu- 
cation from  such  sub-district  and  also  the  names  of  the  candidates 
to  be  elected  at  large.  Returns  of  all  school  elections  shall  be  made 
to  the  clerk  of  the  board  of  education  not  less  than  five  days  after 
the  election,  and  it  shall  be  the  duty  of  the  board  of  education  to 
canvass  said  returns  at  a  meeting  to  be  held  on  the  second  Monday 
after  the  election,  and  the  result  thereof  shall  be  entered  upon  the 
records  of  the  board ;  in  case  of  a  tie  vote,  the  same  shall  be  decided 
by  said  board  of  education,  by  lot.  (Passed  and  approved  April  25, 
1904.) 

Sec.  3970-11.  [Notice  of  elections.]  The  clerk  of  each  board  of 
education  shall  publish  a  notice  of  all  school  elections  in  a  newspaper 
of  general  circulation  in  the  district,  or  post  written  or  printed 
notices  of  said  elections  in  five  public  places  in  the  district,  at  least 
ten  days  before  the  holding  of  the  same,  which  notices  shall  specify 


OHIO   SCHOOL   LAWS.  53 


Provisions  Applying  to  All  Boards.  Ch.  7. 

the  time  and  place  of  such  election  and  the  number  of  members  of 
the  board  of  education  to  be  elected  and  the  term  for  which  they 
are  to  be  elected,  or  the  nature  of  the  question  to  be  voted  upon. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3970-12.  [Women  may  vote  and  be  voted  for,  for  school 
officers.]  Every  woman  born  in  the  United  States,  or  who  is  a  wife 
or  daughter  of  a  citizen  of  the  United  States,  who  is  over  twenty-one 
years  of  age  and  possesses  the  necessary  qualifications  in  regard  to 
residence,  as  is  provided  for  men,  shall  be  entitled  to  vote,  and  to 
be  voted  .for,  for  member  of  the  board  of  education  and  upon  no 
other  question.  The  law  relating  to  registration  shall  apply  to  women 
upon  whom  the  right  to  vote  is  conferred,  but  the  names  of  such 
women  may  be  placed  on  a  separate  list.  (Passed  and  approved 
April  25,  1904.) 

Sec.  3971.  [Corporate  powers  of  board  of  education;  sales  of 
property  exceeding  three  hundred  dollars  in  value ;  exchange  of  real 
estate  with  municipal  corporation.]  The  boards  of  education  of  all 
school  districts  now  organized  and  established,  and  of  all  school  dis- 
tricts organized  under  the  provisions  of  this  title,  shall  be  and  they 
are  hereby  declared  to  be  bodies  politic  and  corporate,  and,  as  such, 
capable  of  suing  and  being  sued,  contracting  and  being  contracted 
with,  acquiring,  holding,  possessing,  and  disposing  of  property,  both 
real  and  personal,  and  taking  and  holding  in  trust,  for  the  use  and 
benefit  of  such  districts,  any  grant  or  devise  of  land,  and  any  dona- 
tion or  bequest  of  money  or  other  personal  property,  and  of  exer- 
cising such  other  powers,  and  having  such  other  privileges  as  are 
conferred  by  this  title ;  but  when  a  board  of  education  decides  to 
dispose  of  any  property,  real  or  personal,  held  by  it  in  its  corpor- 
ate capacity,  exceeding  in  value  three  hundred  dollars,  it  shall  sell 
the  same  at  public  auction,  after  giving  at  least  thirty  days'  notice 
thereof,  by  publication  in  some  newspaper  of  general  circulation,  or 
by  posting  notices  in  five  of  the  most  public  places  in  the  district  in 
which  such  property  is  situate.  Provided,  that  when  such  board 
has  twice  offered  a  tract  of  real  estate  for  sale  at  public  auction,  as 
hereinbefore  provided,  and  the  same  is  not  sold,  the  board  may 
sell  said  real  estate  at  private  sale,  either  as  an  entire  tract,  or  in 
parcels  thereof,  as  the  board  may  deem  best,  and  the  president  and 
secretary  of  the  board  shall  execute  and  deliver  the  deed  or  deeds 
necessary  to  complete  such  sale  or  sales.  Provided,  that  upon  a 
vote  of  a  majority  of  the  members  of  any  board  of  education,  and 
a  concurring  vote  of  the  council  of  any  municipal  corporation,  that 
an  exchange  of  any  real  estate  held  by  such  board  of  education  for 
school  purposes,  for  real  estate  held  by  such  municipal  corporation 


54  OHIO   SCHOOL  LAWS. 


Ch.  7.  Provisions  Applying  to  All  Boards. 

for  municipal  purposes,  will  be  mutually  beneficial  to  such  school 
district,  and  to  such  municipal  corporation,  such  exchange  may  be 
made  by  conveyances,  to  be  executed  by  the  mayor  and  clerk  of 
the  municipal  corporation,  and  by  the  president  and  clerk  of  such 
board  of  education.  (1888,  March  30;  85  v.  133;  80  v.  36;  Rev.  Stat. 
1880;  70  v.  195,  §  37;  S.  &  C.  1350.) 

Sec.  3972.  [Title  to  property  vested  in  boards  of  education;  res- 
olutions and  orders  to  remain  valid  until  changed;  contracts,  bonds 
and  tax  levies  protected.]  All  property,  real  or  personal,  which  has 
heretofore  vested  in  and  is  now  held  by  any  board  of  education  for 
the  use  of  public  or  common  schools  in  any  district,  is  hereby  vested 
in  the  board  of  education  provided  for  in  this  title,  having  under 
this  title  jurisdiction  and  control  of  the  schools  in  such  district;  and 
all  resolutions  and  orders  passed  by  any  board  of  education  shall 
remain  in  full  force  and  effect  until  duly  altered  or  repealed,  and 
nothing  in  this  act  contained  shall  be  construed  to  in  any  way  affect 
the  validity  of  any  contract  made  nor  bonds  or  certificates  of  in- 
debtedness issued,  by  any  board  of  education  of  any  school  district, 
whether  created  under  the  provisions  of  a  general  or  a  special  act ; 
and  all  school  funds,  whether  arising  from  taxation,  sale  of  bonds,  or 
otherwise,  in  the  hands  of  or  belonging  to  any  board  of  education 
of  any  school  district,  whether  created  under  the  provisions  of  a 
general  or  a  special  act,  and  all  taxes  levied  by  any  such  board  not 
collected,  shall  be  transferred  to  the  credit  of  the  board  of  education 
elected,  under  the  provisions  of  this  act,  to  succeed  the  board  having 
such  funds  to  its  credit  or  which  made  the  levy  for  the  uncollected 
taxes.  (Passed  and  approved  April  25,  1904.) 

Sec.  3973.  [School  property  exempt  from  taxation.]  All  prop- 
erty, real  or  personal,  vested  in  any  board  of  education,  shall  be  ex- 
empt from  tax,  and  from  sale  on  execution,  or  other  writ  or  order 
in  the  nature  of  an  execution.  (70  v.  195  §  72.) 

Sec.  3974.  [Conveyances  and  contracts.]  All  conveyances  made 
by  a  board  of  education  shall  be  executed  by  the  president  and  clerk 
thereof;  no  member  of  a  board  shall  have  any  pecuniary  interest, 
either  direct  or  indirect,  in  any  contract  of  the  board,  or  be  employed 
in  any  manner  for  compensation  by  the  board  of  which  he  is  a 
member,  except  as  clerk  or  treasurer;  and  no  contract  shall  be  bind- 
ing upon  any  board  unless  it  be  made  or  authorized  to  be  made 
at  a  regular  or  special  meeting  of  the  board.  (70  v.  195,  §§  21,  38.) 

Sec.  3975.  [Boards  of  education  may  accept  bequests,  gifts  or 
endowments;  limitation  on  same.]  Any  board  of  education  may, 
by  the  adoption  of  a  resolution,  accept  any  bequest  made  to  them 


OHIO   SCHOOL   LAWS.  55 


Provisions  Applying  to  All  Boards.  Gh.  7. 

by  will  or  may  accept  any  gift  or  endowment  from  any  person  or 
corporation,  upon  the  conditions  and  stipulations  contained  in  the 
will  or  connected  with  the  gift  or  endowment;  and  for  the  purpose 
of  enabling  such  boards  to  carry  out  the  conditions  and  limitations 
upon  which  the  bequest,  gift  or  endowment  is  made,  they  are  author- 
ized to  make  all  rules  and  regulations  that  may  be  required  to  fully 
carry  into  effect  the  provisions  of  said  bequest,  gift  or  endowment; 
but  no  such  bequest,  gift  or  endowment  shall  be  accepted  by  any 
board  of  education  when  the  conditions  of  the  same  shall  remove 
any  portion  of  the  public  schools  from  under  the  control  of  said 
board.  (Passed  and  approved  April  25,  1904.) 

Sec.  3976.  [Process  against  boards  and  how  served.]  The  pro- 
cess in  all  suits  against  a  board  of  education  shall  be  by  summons, 
and  shall  be  served  by  leaving  a  copy  thereof  with  the  clerk  or  pres- 
ident of  the  board.  (70  v.  195,  §  68.) 

Sec.  3977.  [Prosecuting  attorney  and  city  solicitor  to  act  as 
legal  adviser  of  boards  of  education.]  The  prosecuting  attorney 
shall  be  the  legal  adviser  of  all  boards  of  education  in  the  county 
in  which  he  is  serving,  except  in  city  school  districts,  he  shall  pros- 
ecute all  actions  against  a  member  or  officer  of  a  board  of  education 
for  malfeasance  or  misfeasance  in  office,  he  shall  be  the  legal  counsel 
of  said  boards  or  the  officers  thereof  in  all  civil  actions  brought  by 
or  against  them  and  shall  conduct  the  same  in  his  official  capacity; 
provided,  that  when  said  civil  action  is  between  two  or  more  boards 
of  education  in  the  same  county  said  prosecuting  attorney  shall  not 
be  required  to  act  for  either  of  them.  In  city  school  districts  the 
city  solicitor  shall  be  the  legal  adviser  and  attorney  for  the  board 
of  education  and  shall  perform  the  same  services  for  said  board  of 
education  as  is  heiein  required  of  prosecuting  attorneys  for  other 
boards  of  education.  The  duties  herein  prescribed  shall  devolve 
upon  any  official  serving  in  a  capacity  similar  to  that  of  prosecuting 
attorney  or  city  solicitor  for  the  territory  wherein  a  school  dis- 
trict is  situated,  regardless  of  his  official  designation.  No  pros- 
ecuting attorney,  city  solicitor  or  other  official  acting  in  a  similar 
capacity  shall  be  a  member  of  the  board  of  education.  No  compensa- 
tion in  addition  to  such  officers'  regular  salary  shall  be  allowed  for 
such  services.  (Passed  and  approved  April  25,  1904.) 

Sec.  3978.  [Special  meetings,  how  called.]  A  special  meeting 
of  a  board  of  education  can  be  called  by  the  president  or  clerk  of  the 
board  or  by  any  two  members  thereof,  by  serving  a  written  notice 
of  the  time  and  place  of  such  meeting  upon  each  member  of  the 
board,  either  personally  or  at  his  residence  or  usual  place  of  business, 


66  OHIO   SCHOOL   LAWS. 


Ch   7.  Provisions  Applying  to  All  Boards. 

said  notice  to  be  signed  by  the  official  or  member  calling  the  meeting. 
(Passed  and  approved  April  25,  1904.) 

Sec.  3979.  [Oath  of  members  and  other  officers.]  Each  person 
elected  or  appointed  a  member  of  a  board  of  education,  or  elected 
or  appointed  to  any  other  office  under  this  title,  shall,  before  enter- 
ing upon  the  duties  of  his  office,  take  an  oath  or  affirmation  to  sup- 
port the  constitution  of  the  United  States  and  the  constitution  of  the 
state  of  Ohio,  and  that  he  will  perform  faithfully  the  duties  of  his 
office;  which  oath  or  affirmation  may  be  administered  by  the  clerk 
or  any  member  of  the  board.  (71  v.  15,  §  42.) 

Sec.  3980.       Repealed  April  25,  1904. 

Sec.  3981.  [Vacancies  in  board  of  education,  how  filled.]  Vacan- 
cies in  any  board  of  education  arising  from  death,  non-residence, 
resignation,  removal  from  office,  failure  of  person  elected  or  appointed 
to  qualify  within  ten  days  after  the  organization  of  the  board  or 
of  his  appointment,  removal  from  the  district,  or  from  other  cause, 
shall  be  filled  by  the  board  of  education  at  its  next  regular  or  special 
meeting  or  as  soon  thereafter  as  possible  for  the  unexpired  term. 
A  majority  vote  of  all  the  remaining  members  of  the  board  can  fill 
any  vacancy  or  vacancies  that  may  exist  in  said  board.  (Passed 
and  approved  April  25,  1904.) 

Sec.  3982.  [Quorum;  majority  of  all  members  required  in  cer- 
tain cases;  roll  call;  pay  roll.]  A  majority  of  the  board  of  education 
shall  constitute  a  quorum  for  transaction  of  business ;  upon  a  motion 
to  adopt  a  resolution  authorizing  the  purchase  or  sale  of  property, 
either  real  or  personal,  or  to  employ  a  superintendent,  teacher,  jan- 
itor, or  other  employe,  or  to  elect  or  appoint  an  officer,  or  to  pay  any 
debt  or  claim,  or  to  adopt  any  text  book,  the  clerk  of  the  board  shall 
call,  publicly,  the  roll  of  all  the  members  composing  the  board,  and 
enter  on  the  record  required  to  be  kept  the  names  of  those  voting  "aye" 
and  the  names  of  those  voting  "no" ;  if  a  majority  of  all  the  members 
of  the  board  vote  "aye,"  the  president  shall  declare  the  motion  car- 
ried ;  and  upon  any  motion  or  resolution  any  member  of  the  board 
may  demand  the  yeas  and  nays,  and  thereupon  the  clerk  shall  call 
the  roll  and  record  the  names  of  those  voting  "aye"  and  those 
voting  "no,"  provided,  that  boards  of  education  may  provide  for 
the  payment  of  superintendents,  teachers  and  other  employes  by 
payroll  if  deemed  advisable,  but  in  all  cases  the  roll  call  and  record, 
provided  for  herein  shall  be  complied  with.  (Passed  and  approved 
April  25,  1904.) 

Sec.  3983.  [Absence  of  president  or  clerk.]  If,  at  any  meeting 
of  the  board,  either  the  president  or  the  clerk  is  absent,  the  members 


OHIO   SCHOOL   LAWS.  67 


Provisions  Applying  to  All  Boards.  Ch.  7. 

present  shall  choose  one  of  their  number  to  serve  in  his  place  pro 
tempore;  and  if  both  are  absent,  both  places  shall  be  so  filled;  but  on 
the  appearance  of  either  at  the  meeting,  after  his  place  has  been 
so  filled,  he  shall  immediately  assume  the  duties  of  his  office.  (70  v. 

195;  §  3I-) 

Sec.  3984.  [Record  of  proceedings  and  attestation  thereof.]  The 
clerk  of  the  board  shall  record  the  proceedings  of  each  meeting,  in  a 
book  to  be  provided  by  the  board  for  that  purpose,  which  shall  be 
a  public  record ;  the  record  of  proceedings  at  each  meeting  of  the 
board  shall  be  read  at  its  next  meeting,  corrected  if  necessary,  and 
approved,  and  the  approval  shall  be  noted  in  the  proceedings;  and 
after  such  approval  the  president  shall  sign  the  record,  and  the 
clerk  shall  attest  the  same.  (70  v.  195,  §  29;  71  v.  15,  §  42.) 

860.3985.  [Boards  to  make  rules;  illegal  meetings.]  The  board 
of  education  of  each  district  shall  make  such  rules  and  regulations 
as  it  may  deem  necessary  for  its  government  and  the  government  of 
its  appointees  and  the  pupils  of  the  schools ;  and  no  meeting  of  a 
board  of  education  not  provided  for  by  its  rules  or  by  law  shall  be 
legal  unless  all  the  members  thereof  have  been  notified  as  provided 
for  in  section  thirty-nine  hundred  and  seventy-eight.  (Passed  and 
approved  April  25,  1904.) 

Sec.  3986.  [Board  may  make  and  enforce  rules  for  vaccination.] 
The  board  of  each  district  may  make  and  enforce  such  rules  and 
regulations  to  secure  the  vaccination  of,  and  to  prevent  the  spread 
of  smallpox  among  the  pupils  attending  or  eligible  to  attend  the 
schools  of  the  district,  as  in  its  own  opinion  the  safety  and  interest  of 
the  public  require ;  and  the  boards  of  health  and  councils  of  municipal 
corporations,  and  the  trustees  of  townships,  shall,  on  application  of 
the  board  of  education  of  the  district,  provide  at  the  public  ex- 
pense, without  delay,  the  means  of  vaccination  to  such  pupils  as 
are  not  provided  therewith  by  their  parents  or  guardians.  (69  v. 

22,  §  I.) 

Sec.  3986-1.  [Display  of  U.  S.  flag.]  All  boards  of  education  be 
authorized  and  required  to  display  the  U.  S.  national  flag  upon  all 
school  houses  under  their  control,  during  all  day  school  sessions  in  fair 
weather,  and  to  be  displayed  on  the  inside  of  the  school  house  on 
all  other  days,  and  said  boards  of  education  shall  make  all  rules  and 
necessary  regulations  for  the  care  and  keeping  of  such  flags,  the 
expense  of  the  same  to  be  paid  out  of  the  contingent  funds  of  such 
boards.  (92  v.  86.) 

Sec.  3.  [Terms  of  office  of  existing  officers  of  boards  of  educa- 
tion, 1904.]  All  existing  officers  of  boards  of  education  and  school 


58  OHIO   SCHOOL   LAWS. 


Ch.  7.  Provisions  Applying  to  All  Boards. 

councils  shall  hold  their  respective  offices  until  boards  of  education 
are  elected  and  organized  under  the  provisions  of  this  act ;  but  no 
officer  elected  or  appointed  to  fill  a  vacancy  occurring  in  any  such 
office  shall  be  appointed  to  serve  for  a  longer  period  than  that  end- 
ing on  the  3lst  day  of  August,  1905.  (Passed  and  approved  April 
25,  1904.) 


OHIO   SCHOOL   LAWS. 


59 


School  Houses  and  Libraries. 


Ch.  8. 


CHAPTER  VIII. 


SCHOOL  HOUSES  AND   LIBRARIES. 


SECTION. 

3987.  School  houses. 

3987-1.      Regulating  use  of  school  houses. 

3988.  Directions    for    bidding    and    for 

letting  contracts. 

3989.  Repealed. 

3990.  When     boards     may     appropriate 

property. 

S991.         Bond  issue,  vote  on. 

3992.  Bond  issue,   when  election  favor- 

able. 

3993.  Tax  levy  for  bonds  to  be  certified 

to  county  auditor. 

3994.  Bond  issue  without  vote;   limita- 

tions. 

3995.  Repealed. 

3996.  Repealed. 

3997.  Repealed. 

3998.  Repealed. 

3998-1.  Boards  of  education  authorized  to 
provide  for  establishment,  etc., 
of  public  library;  taxation. 

3998-2.  Board  of  library  trustees;  how 
constituted;  qualifications; 

term;  vacancies;  compensation; 
powers,  etc. 

3998-3.  When  library  to  be  under  control 
of  such  board. 

3998-4.  Library  fund;  how  provided  and 
maintained;  payments  from. 

3998-5.  Board  of  education  may  contract 
with  library  association  for  use 
of  library. 

3998-6.      School  library. 

3998-7.      Museum. 

3998-8.      Taking  effect;  existing  law. 

3998-9.  City  board  of  education  may  ac- 
quire private  library;  shall  be 
made  a  public  library;  board  of 
managers ;  vacancies  in  board. 

3998-10.    Powers  and  duties  of  managers. 

3998-11.  Organization  of  board;  librarian 
and  assistants. 

3998-12.    Tax  levy;  expenditure  of  funds. 

3999.  In   certain    cities   board   may   ap- 

point managers  of  library; 
board  of  trustees  in  Cincinnati; 
how  appointed;  terms;  vacan- 
cies. 

3999a.  Residents  of  Hamilton  county  en- 
titled to  use  of  city  library. 

3999fo.  Powers  of  trustees  in  Cincinnati; 
employment  of  librarian  and  as- 
sistants. 

3«99c.  Tax  for  library  purposes  in  Cin- 
cinnati. 

3999c-l.  Provisions  relating  to  tax  and  ex- 
penditures for  library  purposes 
In  Cincinnati. 

3999d.  Disposition  of  unexpended  funds 
heretofore  raised  for  library 
purposes  in  Cincinnati. 

3999c.  Who  ineligible  as  members  of 
library  board. 


SECTION. 

3999/.  Carnegie  donation;  library  trus- 
tees may  accept. 

39990.  Bonds  for  sites,    equipment,   etc., 

of  libraries. 

3999/t.  Power  of  trustees  to  lease  or  pur- 
chase sites,  etc.,  contracts  for 
branch  libraries;  title  to  prop- 
erty. 

3999».  Exemption  from  taxes,  execution, 
etc. 

3999/.        Donations,  bequests,  etc. 

3999*.  Powers  of  trustees  to  control 
funds,  contract  for  buildings, 
etc. 

39991.  Officers  of  trustees;  depository  of 

funds,  etc. 

4000.         Cleveland  public  library  board. 
M001.         Powers     and     duties     of     library 
board. 

4002.         Library  tax  and  how  expended. 

4002-1.  Cleveland  library  board  to  hold 
title  and  control  property. 

4002-2.      Can  purchase,  lease  or  condemn. 

4002-3.      Proceedings  to  condemn. 

4002-4.     Donations. 

4002-5.      Exempt  from   tax  and  execution. 

4002-6.      Oath. 

4002-7.      Organization. 

4002-8.      Annual  report. 

4002-9.  No  member  of  board  to  be  inter- 
ested in  contract,  except;  valid- 
ity of  contract. 

4002-10.    Use  of  library  and  reading  room. 

4002-11.  Bonds  to  pay  for  land  and  build- 
ings. 

4002-12.    Resolution  to  issue;   sale  of. 

4002-13.    Sinking  fund. 

4002-14.    Trustees  of  such  sinking  fund. 

4002-15.    Their  organization. 

4002-16.    Their  duty  to  certify  tax. 

4002-17.    Investments  by. 

4002-18.  One-tenth  of  orfe  mill  may  be  ap- 
propriated in  certain  cities  for 
maintaining  public  library;  pro- 
viso. 

4002-19.  Establishment  of  Toledo  public 
library;  tax  for  library  fund. 

4002-20.    Repealed. 

4002-21.    Board  of  trustees. 

4002-22.  Transfer  of  libraries  to  such  board 
by  the  board  of  education. 

4002-23.  Organization  of  trustees;  regula- 
tions; powers;  deposit  of  library 
funds;  warrants;  power  to  pur- 
chase or  condemn  grounds; 
issue  and  sale  of  public  library 
building  bonds;  payment  of  said 
bonds  and  interest ;  title  to 
grounds  purchased ;  librarians 
and  assistants. 

4002-24.  Additional  bonds  authorized  to  be 
issued  for  certain  purposes. 


60 


OHIO   SCHOOL   LAWS. 


Ch.  8. 


School  Houses  and  Libraries. 


SECTION 

4002-25. 

4002-26. 

4002-27. 

4002-28. 

4002-29. 


SECTION. 

4002-42.    Who  may  use  library. 
4002-43.    Annual  report. 
Donations. 

Tax  to  assist  existing  library  as- 
sociation. 
4002-46.    Library      associations      In      certain 

cities;  levy. 
Disposition  of  tax. 
Association    to    render    account; 

power  to  levy  tax. 

4002-49.    Tax      in      lieu      of     other      taxes ; 
purchase    of    school    apparatus; 
levy. 
Consolidation      o*      libraries      in 


4002-44. 
4002-45. 


4002-47. 
4002-48. 


4003. 


Portsmouth  authorized. 

Board   of   Portsmouth    to   appoint 
library  committee. 

Powers  and  duties  of  such  com- 
mittee. 

Powers  and  duties  of  library  com- 
mittees  in    Portsmouth. 
Sections  1  and  2  of  an  act  to  transfer  li- 
brary     from      municipality      to 
school  district. 


4004. 
4005. 


4006. 


Purchase  of  site  for  library. 
Appropriation  of  private  property. 
Additional  building  bonds. 

Said  library  to  be  free  subject  to 

reasonable  rules. 
Annual  report  to  city  council. 

4Uu2-30.  Penalty  for  injuring  library  prop- 
erty. 

4002-31.  Power  of  trustees  to  accept  de- 
vises, donations,  etc. 

4002-32.  Dayton  public  library  board;  elec- 
tion of. 

4002-33.    Political    composition    of;    terms; 
vote  required  to  elect. 

4002-34.    Powers  and  duties. 

4002-35.  Expenses  of  library  for  ensuing 
year. 

4002-36.  Tax  for  library  fund;  custodian; 
disbursements  and  balance. 

4002-37.    Provisions  governing  board. 

4002-38.    Museum  may  be  established. 

4002-39.  Certain  cities  and  villages  may 
have  library;  tax. 

4002-40.    Directors. 

4002-41.  Organization,  by-laws,  etc.;  con- 
trol of  expenditures;  custody  of 
building ;  how  money  drawn  from 
treasury;  librarian  and  assist- 
ants. 

Sec.  3987.  [School  houses.]  The  board  of  education  of  any  dis- 
trict is  empowered  to  build,  enlarge,  repair  and  furnish  the  necessary 
school  houses,  purchase  or  lease  sites  therefor,  or  rights  of  way 
thereto,  or  rent  suitable  school-rooms,  provide  all  the  necessary  ap- 
paratus and  make  all  other  necessary  provisions  for  the  schools 
under  its  control ;  also,  the  boards  shall  provide  fuel  for  schools, 
build  and  keep  in  good  repair  all  fences  inclosing  such  school  houses, 
plant  when  deemed  desirable  shade  and  ornamental  trees  on  the 
school  grounds,  and  make  all  other  provisions  necessary  for  the  con-' 
venience  and  prosperity  of  the  schools  within  the  sub-districts.  (89 
v-  955  83  v.  84;  82  v.  86;  Rev.  Stat.  1880;  70  v.  195,  §  55.) 

Sec.  3987-1.  [Regulating  use  of  school  houses.]  That  when,  in 
the  judgment  of  any  board  of  education,  it  will  be  for  the  advantage 
of  the  children  residing  in  any  school  district  to  hold  literary  societies, 
school  exhibitions,  singing  schools,  religious  exercises,  select  or  nor- 
mal schools,  the  board  of  education  shall  authorize  the  opening  of  such 
school  houses  for  the  purposes  aforesaid.  And  the  board  of  education 
of  any  school  district  shall  have  discretionary  power  to  authorize  the 
opening  of  such  school  houses  for  any  other  lawful  purposes ;  pro- 
vided, however,  that  nothing  herein  contained  shall  be  construed 
to  authorize  any  board  of  education  to  rent  or  lease  any  school 
house  when  such  rental  or  lease  shall  in  any  wise  interfere  with  the 
public  schools  in  such  district,  or  for  any  purpose  other  than  such 
as  is  authorized  by  this  act.  (91  v.  44;  89  v.  147 ;  87  y.  240;  86  v.  n.) 


OHIO   SCHOOL   LAWS.  61 


School  Houses  and  Libraries.  Ch.  8. 

Sec.  3988.  [Directions  for  bidding,  and  for  letting  contracts.] 
When  a  board  of  education  determines  to  build,  repair,  enlarge  or 
furnish  «  school  house  or  school  houses,  or  make  any  improvement 
or  repair  provided  for  in  this  chapter,  the  cost  of  which  will  exceed 
in  city  districts,  fifteen  hundred  dollars,  and  in  other  districts  five 
hundred  dollars,  except  in  cases  of  urgent  necessity,  or  for  the 
security  and  protection  of  school  property,  it  shall  proceed  as  follows : 

(1)  The  board  shall  advertise  for  bids,  for  the  period  of  four 
weeks,  in  some  newspaper  of  general  circulation  in  the  district,  and 
two  such  newspapers,  if  there  are  so  many ;  and  if  no  newspaper  has 
a  general  circulation  therein,  then  by  posting  such  advertisement  in 
three  public  places  therein,  which  advertisement  shall  be  entered  in 
full  by  the  clerk,  on  the  record  of  the  proceedings  of  the  board. 

(2)  The   bids,   duly   sealed,   shall   be   filed   with   the   clerk   by 
twelve  o'clock,  noon,  of  the  last  day  stated  in  the  advertisement. 

(3)  The  bids  shall  be  opened  at  the  next  meeting  of  the  board, 
be  publicly  read  by  the  clerk,  and  entered  in  full  on  the  records  of 
the  board. 

(4)  Each  bid  shall  contain  the  name  of  every  person  interested 
in  the  same,  and  shall  be  accompanied  by  a  sufficient  guarantee  of 
some  disinterested  person,  that  if  the  bid  be  accepted,  a  contract  will 
be  entered  into,  and  the  performance  of  it  properly  secured. 

(5)  When  both  labor  and  materials  are  embraced  in  the  work 
bid  for,  each  must  be  separately  stated  in  the  bid,  with  the  price 
thereof. 

(6)  None  but  the  lowest  responsible  bid  shall  be  accepted ;  but 
the  board  may,  in  its  discretion,  reject  all  the  bids,  or  accept  any  bid 
for  both  labor  and   material  which  is  the  lowest  in   the  aggregate 
for  such  improvement  or  repair. 

(7)  Any  part  of  a  bid  which  is  lower  than  the  same  part  of 
any  other  bid,  shall  be  accepted,  whether  the  residue  of  the  bid  is 
higher  or  not ;  and  if  it  is  higher,  such  residue  shall  be  rejected. 

(8)  The  contract  shall  be  between  the  board  of  education  and 
the  bidders,  and  the  board  shall  pay  the  contract  price  for  the  work, 
wrhen  it  is  completed,  in  cash,  and  may  pay  monthly  estimates  as 
the  work  progresses. 

(9)  When  two  or  more  bids  are  etjual,  in  the  whole,  or  in  any 
part  thereof,  and  are  lower  than  any  others,  either  may  be  accepted, 
but  in  no  case  shall  the  work  be  divided  between  the  makers  thereof. 

(10)  When  there  is  reason  to  believe  that  there  is   any   col- 
lusion or  combination  among  the  bidders,  or  any  number  of  them,  the 


62  OHIO   SCHOOL   LAWS, 


Ch.  8.  School  Houses  and  Libraries. 

bids  of  those  concerned  therein  shall  be  rejected.     (Passed  and  ap- 
proved April  25,  1904.) 

Sec  3989.       Repealed  April  25,  1904..  • 

Sec.  3990.  [When  boards  may  appropriate  property.]  When  it 
is  necessary  to  procure  or  enlarge  a  school  house  site,  and  the 
board  of  education  and  the  owner  of  the  proposed  site  or  addition 
are  unable  from  any  cause  to  agree  upon  the  sale  and  purchase 
thereof,  the  board  shall  make  an  accurate  plat  and  description  of 
the  parcel  of  land  which  it  desires  for  such  purpose,  and  file  the 
same  with  the  probate  judge  of  the  proper  county;  and  thereupon 
the  same  proceedings  of  appropriation  shall  be  had  which  are  pro- 
vided for  the  appropriation  of  private  property  by  municipal  corpor- 
ations. (70  v.  195,  §  65.) 

Sec.  3991.  [Bond  issue,  vote  on.]  When  the  board  of  educa- 
tion of  any  school  district  determines  that  it  is  necessary  for  the 
proper  accommodation  of  the  schools  of  such  district  to  purchase 
a  site  or  sites  to  erect  a  school  house  or  houses,  to  complete  a  par- 
tially built  school  house,  to  enlarge,  repair  or  furnish  a  school 
house,  or  to  do  any  or  all  of  said  things,  and  that  the  funds  at  the 
disposal  of  said  board  or  that  can  be  raised  under  the  provisions 
of  section  3994  of  the  Revised  Statutes  of  Ohio,  are  not  sufficient 
to  accomplish  said  purpose  and  that  a  bond  issue  is  necessary,  the 
board  shall  make  an  estimate  of  the  probable  amount  of  money  re- 
quired for  such  purpose  or  purposes  and  at  a  general  election  or  a 
special  election  called  for  that  purpose,  shall  submit  to  the  electors  of 
the  district  the  question  of  the  issuing  of  bonds  for  the  amount  so  esti- 
mated ;  notices  of  the  election  required  herein  shall  be  given  in  the 
manner  as  provided  in  section  thirty-nine  hundred  and  seventy  dash 
eleven.  (Passed  and  approved  April  25,  1904.) 

Sec.  3992.  [Bond  issue,  when  election  favorable.]  If  a  majority 
of  the  electors,  voting  on  the  proposition  to  issue  bonds,  shall  vote 
in  favor  of  said  issue,  the  board  shall  be  thereby  authorized  to  issue 
bonds  for  the  amount  indicated  by  the  vote  provided  for  in  section 
thirty-nine  hundred  and  ninety-one,  the  issue  and  sale  of  said  bonds 
to  be  provided  for  by  a  resolution  fixing  the  amount  of  each  bond, 
the  length  of  time  they  shall  run,  the  rate  of  interest  they  shall  bear, 
and  the  time  of  sale  which  may  be  by  competitive  bidding  at  the 
discretion  of  the  board ;  the  bonds  shall  bear  a  rate  of  interest  not  to 
exceed  six  per  cent,  per  annum  payable  semi-annually,  shall  be  made 
payable  within  at  least  forty  years  from  the  date  thereof,  be  num- 
bered consecutively,  made  payable  to  the  bearer,  bear  date  of  the 
day  of  sale  and  be  signed  by  the  president  and  clerk  of  the  board 


OHIO   SCHOOL   LAWS.  63 


School  Houses  and  Libraries.  Ch.  8. 

of  education ;  the  clerk  of  the  board  shall  keep  a  record  of  the 
number,  date,  amount,  and  the  rate  of  interest  of  each  bond  sold, 
the  amount  received  for  the  same,  the  name  of  the  person  to  whom 
sold,  and  the  time  when  payable,  which  record  shall  be  open  to  the 
inspection  of  the  public  at  all  reasonable  times ;  and  the  bonds  so 
issued  shall  in  no  case  be  sold  for  a  less  sum  than  their  par  value, 
nor  bear  interest  until  the  purchase  money  for  the  same  shall  have 
been  paid  by  the  purchaser.  (Passed  and  approved  April  25,  1904.) 

Sec.  3993.  [Tax  levy  for  bonds  to  be  certified  to  county  auditor.] 
When  an  issue  of  bonds  has  been  provided  for  under  sections  thirty- 
nine  hundred  and  ninety-one  and  thirty-nine  hundred  and  ninety-two 
the  board  of  education  shall  certify  annually,  to  the  county  audi- 
tor or  auditors  as  the  case  may  require,  awtax  levy  sufficient  to  pay 
said  bonded  indebtedness  as  the  same  shall  fall  due  together  with 
accrued  interest  thereon ;  the  county  auditor  or  auditors  shall  place 
said  levy  on  the  tax  duplicate  and  it  shall  be  collected  and  paid 
to  the  board  of  education  in  the  same  manner  as  other  taxes  are 
collected  and  paid.  The  tax  levy  provided  for  herein  shall  be  in 
addition  to  the  tax  levy  provided  for  under  section  thirty-nine  hun- 
dred and  fifty-nine  and  shall  be  kept  in  a  separate  fund  by  the 
board  of  education  and  applied  only  to  the  payment  of  the  bonds 
and  interest  for  which  it  was  levied.  (Passed  and  approved  April  25, 
1904.) 

Sec.  3994.  [Bond  issue  without  vote;  limitations.]  The  board  of 
education  of  any  school  district  may  issue  bonds  to  obtain  or  improve 
public  school  property,  and  in  anticipation  of  income  from  taxes,  for 
such  purposes,  levied  or  to  be  levied,  may,  from  time  to  time,  as  occa- 
sion requires,  issue  and  sell  bonds,  under  the  restrictions  and  bearing 
a  rate  of  interest  specified  -in  section  thirty-nine  hundred  and  ninety- 
tii'o  and  shall  pay  such  bonds  and  the  interest  thereon  when  due,  but 
shall  provide  that  no  greater  amount  of  such  bonds  shall  be  issued 
in  any  year  than  would  equal  the  aggregate  of  a  tax  at  the  rate  of  two 
mills,  for  the  year  next  preceding  such  issue,  but  the  order  to  issue 
bonds  shall  be  made  only  at  a  regular  meeting  of  the  board  and  by  a 
vote  of  two-thirds'of  the  full  membership  of  the  board,  taken  by  yeas 
and  nays  and  entered  upon  the  journal  of  the  board ;  but  in  no  case 
shall  a  board  of  education  issue  bonds  under  the  provisions  of  this 
section  in  a  greater  amount  than  can  be  provided  for  and  paid  with 
the  tax  levy  provided  for  under  section  thirty-nine  hundred  and  fifty- 
nine  of  the  Revised  Statutes  of  Ohio,  and  paid  within  forty  years 
after  the  bond  issue  on  the  basis  of  the  tax  valuation  at  the  time  of 
the  bond  issue.  (Passed  and  approved  April  25,  1904.) 

Sec.  3995.       Repealed  Aoril  25,  1904. 


64  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

Sec.  3996.       Repealed  April  25,  1904. 

Sec.  3997.       Repealed  April  25,  1904. 

Sec.  3998.    *  Repealed  April  25,  1904. 

(3998-1)  Sec.  i.  [Boards  of  education  authorized  to  provide 
for  establishment,  etc.,  of  public  library;  taxation.] That  the  board  of 
education  of  any  city,  village  or  special  school  district  may  by  reso- 
lution, provide  for  the  establishment,  control  and  maintenance,  in 
such  school  district,  of  a  public  library,  free  to  all  the  inhabitants  of 
such  district,  and  for  that  purpose  may  acquire  by  purchase  the  neces- 
sary real  property,  and  erect  thereon  a  library  building;  it  may 
acquire  from  any  library  association,  by  purchase  or  otherwise,  its 
library  and  property;  may  receive  donations  and  bequests  of  money 
-or  property  for  such  library  purposes  and  may  maintain  and  support 
libraries  now  in  existence  and  controlled  by  the  board  of  education ; 
and  such  board  of  education  may  annually  make  a  levy  upon  the 
taxable  property  of  such  school  district,  in  addition  to  all  other  taxes 
allowed  by  law,  of  not  to  exceed  one  mill  for  a  library  fund  to  be 
expended  by  such  board  of  education,  for  the  establishment,  support 
and  maintenance  of  such  public  library.  (96  v.  8.) 

(3998-2)  Sec.  2.  [Board  of  library  trustees;  how  constituted; 
qualifications;  terms;  vacancies;  compensation;  powers.]  The  board 
of  education  may  provide  for  the  management  and  control  of  such 
library  by  a  board  of  trustees  to  be  elected  by  said  board  of  education 
as  herein  provided.  Such  board  of  library  trustees  shall  consist  of 
seven  members,  who  shall  be  residents  of  the  school  district,  and  no 
one  shall  be  eligible  to  membership  on  said  library  board  who  is  or 
has  been  for  a  year  previous  to  his  election,  a  member  or  officer  of 
the  board  of  education.  The  term  of  office  shall  be  seven  years, 
except  that  at  the  first  election  the  terms  shall  be  such  that  one  mem- 
ber shall  retire  each  year.  Should  a  vacancy  occur  in  said  board, 
it  shall  be  filled  by  the  board  of  education  for  the  unexpired  term. 
The  members  of  said  library  board  shall  serve  without  compensation 
and  until  their  successors  are  elected  and  qualified.  Such  library 
board  in  its  own  name  shall  hold  the  title  to  and  have  the  custody, 
management  and  control  of  all  libraries,  branches,  stations,  reading 
rooms,  and  of  all  library  property,  real  and  personal,  of  such  school 
district,  and  the  expenditure  of  all  moneys  collected  or  received  from 
any  source  for  library  purposes  for  such  district.  It  shall  have  power 
to  employ  a  librarian  and  assistants,  but  previous  to  such  employ- 
ment the  compensation  of  such  librarian  and  assistants  shall  be 
fixed.  Such  library  board  shall  have  the  power,  by  a  two-thirds  vote 
of  its  members,  to  purchase  or  lease  grounds  and  buildings,  and  erect 


OHIO   SCHOOL  LAWS.  65 


School  Houses  and  Libraries.  Ch.  8. 

buildings  for  library  purposes.  It  may  accept  any  gift,  devise  or 
bequest  for  the  benefit  of  such  library.  No  member  of  the  library 
board  shall  be  interested,  directly  or  indirectly,  in  any  contract 
made  by  the  board.  The  library  board  shall  report  annually  in  writing 
to  the  board  of  education.  (96  v.  8.) 

(3998-3  )  Sec.  3.  [When  library  to  be  under  control  of  such 
board.]  Whenever  in  any  city,  village  or  special  school  district  a 
library  established  or  controlled  by  a  board  of  education  shall  contain 
twenty-five  thousand  or  more  volumes,  it  shall  be  managed,  governed 
and  controlled  by  a  board  of  trustees  elected  by  the  board  of  edu- 
cation as  provided  in  section  2  of  this  act.  (96  v.  9.) 

(3998-4)  Sec.  4.  [Library  fund;  how  provided  and  maintain- 
ed; payments  from.]  Said  board  of  library  trustees  shall  annually, 
during  the  month  of  May,  certify  to  the  board  of  education  the  amount 
of  money  that  will  be  needed  for  increasing,  maintaining  and  operat- 
ing said  library  during  the  ensuing  year  in  addition  to  the  funds 
available  therefor  from  other  sources;  and  such  board  of  education 
shall  annually  levy  on  each  dollar  of  taxable  property  within  said 
school  district,  in  addition  to  other  levies  authorized  by  law,  such 
assessment  not  exceeding  one  mill,  as  shall  be  necessary  to  realize 
the  sum  so  certified,  the  same  to  be  placed  on  the  tax  duplicate  and 
collected  as  other  taxes.  The  proceeds  of  the  said  tax  shall  constitute 
a  fund  to  be  known  and  designated  as  the  library  fund:  Payments 
therefrom  shall  only  be  made  upon  the  warrant  of  the  board  of 
trustees  of  the  library,  signed  by  the  president  and  secretary  thereof. 
(96  v.  9.) 

(3998-5  )  Sec.  5.  [Board  of  education  may  contract  with  library 
association  for  use  of  library.)  The  board  of  education  in  any  city, 
village  or  special  school  district  shall  have  power  to  contract  annually 
with  any  library  corporation  or  other  organization  owning1  and 
maintaining  a  library,  for  the  use  of  such  library  by  the  residents  of 
such  district,  and  it  shall  have  power  to  levy  annually  a  tax  not  ex- 
ceeding one  mill  on  the  taxable  property  of  such  district  to  pay  for 
the  same;  and  such  board  of  education  shall  require  an  annual  re- 
port in  writing  from  such  library  corporation  or  other  organization. 
(96  v.  9.) 

(3998-6)  Sec.  6.  [School  library.]  The  board  of  education  of 
any  school  district  of  the  state,  in  which  there  is  not  a  public  library 
operated  under  public  authority  and  free  to  all  the  residents  of  such 
district,  may  appropriate  annually  not  to  exceed  two  hundred  and 
fifty  dollars  annually  from  its  contingent  fund  for  the  purchase  of 
books,  other  than  school  books,  for  the  use  and  improvement  of  the 

6-8.  L. 


66  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

teachers  and  pupils  of  such  school  district.  The  books  so  purchased 
shall  constitute  a  school  library,  the  control  and  management  of 
which  shall  be  vested  in  the  board  of  education,  which  board  shall 
have  power  to  receive  donations  and  bequests  of  money  or  property 
for  such  library.  (96  v.  9.) 

(3998-7)  Sec.  7.  [Museum.]  The  board  of  education  of  any 
school  district,  or  any  board  of  trustees  managing  and  controlling 
a  library  in  any  school  district,  may  found  and  maintain  a  museum 
in  connection  with  and  as  an  adjunct  to  such  library,  and  for  such 
purposes  may  receive  bequests  and  donations  of  money  or  other 
property.  (96  v.  9.) 

(3998-8)  Sec.  .8.  [Taking  effect;  existing  laws.]  This  act 
shall  take  effect  and  be  in  force  on  and  after  November  15,  1902,  and 
all  acts  or  parts  of  acts  not  inconsistent  herewith  under  which  exist- 
ing libraries  are  maintained,  governed  and  controlled,  shall  be  and 
remain  in  full  force  and  effect.  (96  v.  10.) 

(3998-9)  Sec.  i.  [City  board  of  education  may  acquire  private 
library ;  shall  be  made  a  public  library ;  board  of  managers ;  vacancies 
in  board.]  That  whenever  in  any  city  organized  under  chapter  4, 
division  2,  of  title  12,  of  the  Revised  Statutes  of  Ohio,  there  is  a  library 
owned  by  a  private  incorporated  or  unincorporated  association  which 
the  owners,  or  managers  thereof,  are  willing  to  dispose  of  and  to  trans- 
fer to  the  board  of  education  of  such  city  or  school  district  within 
which  said  city  is  situate,  the  said  board  of  education  is  hereby  author- 
ized to  acquire  from  said  association  by  purchase,  or  otherwise,  said 
library  and  the  property  used  by  said  association  for  library  purposes. 
Upon  acquiring  title  to  said  library  and  property,  the  said  board  of 
education  shall  declare  the  same  to  be  a  public  library  and  shall 
elect  a  board  of  managers  therefor,  consisting  of  six  persons,  two  of 
whom,  at  the  first  election  shall  be  elected  for  a  period  of  three  years, 
two  for  a  period  of  two  years,  and  two  for  a  period  of  one  year,  and 
thereafter,  upon  the  expiration  of  said  terms,  and  all  succeeding  terms, 
said  managers  shall  be  elected  for  three  years.  And  said  board  of 
education  shall  fill  vacancies  in  said  board  of  managers  for  unexpired 
terms  in  like  manner,  and  said  board  of  managers  shall  at  all  times 
be  amenable  to  and  under  the  control  of  said  board  of  education  as  to 
tenure  of  office  and  authority  and  shall  serve  without  compensation. 
The  president  of  said  board  of  education  shall  be  ex-officio  a  member 
of  said  board  of  managers,  but  otherwise,  no  member  of  said  board  of 
education  shall  be  a  member  of  said  library  board.  (95  v.  74.) 

(3998-10)     Sec.    2.     [Powers   and    duties   of  managers.]     Said 
board  of  managers  shall  have  the  care,  custody,  control  and  manage- 


OHIO   SCHOOL   LAWS.  67 


School  Houses  and  Libraries.  Ch.  8. 

ment  of  said  library  and  property,  under  such  rules  and  regulations 
as  they  shall  prescribe  and  shall  have  the  power  to  receive  donations 
of  land,  money  and  other  things  of  value,  and  to  hold,  dispose  of,  or 
use  the  same  for  the  benefit  of  such  library.  The  use  of  said  library 
shall  be  free  to  all  residents  of  said  city  and  territory  thereto  attached 
for  school  purposes.  Said  board  shall  have  the  power  to  lease  or 
rent  suitable  place  for  the  use  of  said  library  and  establish  a  reading 
room  or  rooms  in  connection  therewith.  (95  v.  74.) 

(3998-11.)  Sec.  3.  [Organization  of  board;  librarian  and  assist- 
ants.] Said  board  of  managers  shall  elect  from  their  number  a  presi- 
dent, vice-president,  and  secretary,  and  shall  appoint  a  librarian  and 
such  assistants  and  employes  as  may  be  necessary  for  the  proper  con- 
duct of  said  library.  The  term  of  office  of  said  appointees  shall  be 
at  the  pleasure  of  the  board,  but  shall  not  exceed  three  years. 
(95  v.  74-) 

(3998-12.)  Sec.  4.  [Tax  levy;  expenditure  of  funds.]  For  the 
purpose  of  paying  for  such  library  purchased  and  of  maintaining  and 
increasing  said  library  and  reading  rooms,  the  said  board  of  education 
may  levy  upon  the  general  tax  duplicate  of  the  school  district  within 
which  such  city  is  situate,  a  tax  not  to  exceed  six-tenths  of  one  mill 
on  each  dollar  of  valuation  of  the  taxable  property  of  said  school  dis- 
trict which  shall  be  levied,  assessed  and  collected  as  other  taxes  levied 
by  said  board  and  shall  be  in  addition  thereto.  The  proceeds  of  said 
tax  when  collected,  shall  constitute  and  be  called  the  library  fund,  and 
shall  be  paid  to  the  treasurer  of  the  school  district,  who  shall  disburse 
same  only  upon  warrant  of  said  board  of  managers,  signed  by  the  presi- 
dent and  secretary  thereof.  Said  board  of  managers  shall  expend  said 
fund  in  the  purchase  of  books,  pamphlets,  papers,  magazines,  period- 
icals, journals,  furniture,  and  such  other  property  as  may  be  necessary 
for  such  library  and  reading  rooms  and  in  the  payment  of  all  proper 
charges  for  maintenance  including  the  compensation  of  the'librarian 
and  other  employes  of  said  board.  No  part  of  said  fund  shall  be 
transferred  or  used  for  any  other  purpose  than  as  provided  in  this 
section.  AH  money  heretofore  appropriated,  received,  or  collected 
by  tax  levied  for  public  library  purposes  in  said  city,  or  school  district, 
and  remaining  unexpended  shall  be  transferred  to  said  library  fund, 
and  be  expended  by  said  board  of  managers  in  accordance  with 
the  provisions  of  this  act.  (95  v.  74.) 

Sec.  3999.  [In  certain  cities  board  may  appoint  managers  of 
library.]  In  cities  not  having  less  than  twenty  thousand  inhabi- 
ants,  the  board  of  education  having  custody  of  any  public  library 
therein,  may,  at  any  regular  meeting,  adopt  a  resolution  providing 


68  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

for  a  board  of  managers  of  such  library,  and  shall  thereupon  elect 
by  ballot,  two  persons  to  serve  as  members  of  such  board  for  a  term 
of  three  years,  two  persons  to  serve  for  a  term  of  two  years,  and 
two  persons  to  serve  for  a  term  of  one  year;  and  annually  there- 
after two  persons  shall  be  elected  to  serve  for  a  term  of  three  years ; 
all  vacancies  in  such  board  shall  be  filled  by  the  board  of  education 
by  ballot,  and  a  person  so  elected  shall  serve  during  the  unexpired 
term  of  his  predecessor;  the  president  of  the  board  of  education 
shall  be  a  member  of  the  board  of  managers,  ex-officio;  and  the 
board  of  managers  shall  at  all  times  be  amenable  to  and  under  the 
control  of  the  board  of  education,  as  to  tenure  of  office  and  authority, 
and  shall  serve  without  compensation. 

[Board  of  trustees  in  Cincinnati;  how  appointed;  terms.]  Pro- 
vided, that  in  cities  of  the  first  grade  of  the  first  class  upon  the 
expiration  of  the  terms  of  office  of  the  trustees  of  the  public  library 
therein,  heretofore  appointed  under  this  section,  as  amended  April 
30,  1891,  there  shall  be  appointed  as  successors  to  said  board,  a 
board  of  trustees  of  said  library  consisting  of  seven  persons,  as 
follows:  Two  by  the  board  of  education  of  the  school  district 
within  which  such  city  is  situated,  two  by  the  board  having  charge 
of  the  high  schools  of  such  city,  two  by  the  directors  of  the  univer- 
sity in  such  city,  one  of  each  of  said  appointees  shall  hold  his  office 
for  two  years,  and  one  for  three  years;  and  one  by  the  judges  of  the 
court  of  common  pleas  of  the  county  within  which  such  city  is  situated, 
who  shall  hold  his  office  for  a  period  of  three  years ;  and  thereafter 
said  boards  and  said  judges  shall,  upon  the  expiration  of  the  terms 
of  office  of  said  appointees,  and  each  three  years  thereafter,  appoint 
successors  to  said  trustees.  The  appointee  aforesaid  of  the  judges 
of  the  court  of  common  pleas  shall  succeed  in  said  board  of  trustees 
the  president  of  the  board  of  education,  who  theretofore  was,  by 
virtue  of  his  said  office,  a  member  of  said  board  of  trustees,  and 
thereafter  the  right  of  such  president  of  said  board  of  education 
aforesaid  of  membership  in  said  board  of,  trustees  of  said  library 
shall  cease. 

[Vacancies.]  All  vacancies  in  said  board  of  trustees  of  said 
library  shall  be  filled  by  the  respective  bodies  having  the  power  of 
appointment.  Provided,  however,  that  nothing  herein  shall  be  con- 
strued ifi  any  wise  to  abridge  the  term  of  office  or  curtail  the  powers 
or  duties  of  the  trustees  of  the  public  library  in  cities  of  the  first 
grade  of  the  first  class,  appointed  under  this  section  as  amended 
April  30,  1891,  during  the  terms  of  office  for  which  they  were  ap- 
pointed. (93  v.  192 ;  88  v.  446;  64  v.  100,  §  I ;  S.  &  S.  722.) 


OHIO   SCHOOL   LAWS.  69 


School  Houses  and  Libraries.  Ch.  8. 

Sec.  39990.  [Residents  of  Hamilton  county  entitled  to  use  of  city 
library.]  Each  and  every  resident  of  the  county  within  which  is  situ- 
ated any  city  of  the  first  grade  of  the  first  class,  having  therein  es- 
tablished a  public  library,  shall  be  entitled  to  the  free  use  of  such 
library,  reading  rooms  and  any  branch  or  department  of  the  same, 
and  all  the  privileges  thereof,  upon  such  terms  and  conditions  not 
inconsistent  herewith,  as  the  board  of  trustees  of  such  library  may 
prescribe.  (94  v.  204;  93  v.  193.) 

Sec.  3999^.  [Powers  of  trustees  in  Cincinnati.]  The  board  of 
trustees  of  the  public  library  in  cities  of  the  first  grade  of  the  first 
class  shall  have  sole  and  exclusive  charge,  custody  and  control  of 
the  public  library  in  such  city,  including  all  property,  both  real 
and  personal,  used  and  occupied  by  such  library,  whether  acquired 
heretofore  or  hereafter,  and  shall  have  full  power  to  make  all  rules 
and  regulations  necessary  for  the  proper  government,  maintenance, 
care  and  management  thereof,  and  to  provide  therefor.  Said  board 
of  trustees  shall  have  power  over,  and  exclusive  control  of,  the  library 
fund  hereinafter  provided  for,  and  of  the  expenditure  of  all  moneys 
collected  to  the  credit  thereof.  They  shall  have  power  and  it  shall 
be  their  duty  to  establish  in  said  city  and  throughout  the  county 
within  which  is  situated  said  library,  reading  rooms,  branch  libraries 
and  library  stations  in  connection  with  said  library,  and  to  lease 
and  furnish  said  rooms,  buildings  or  parts  thereof  as  are  required 
for  such  purposes,  and  to  pay  all  necessary  expenses  connected  there- 
with. They  shall  have  power,  and  it  shall  be  their  duty  to  purchase 
and  pay  for  all  books,  periodicals,  magazines  and  other  literature 
and  supplies  necessary,  in  their  judgment,  for  said  public  library, 
reading  rooms,  branch  libraries  and  library  stations,  and  to  incur  the 
necessary  expenditures  for  the  encouragement  and  advancement  of 
the"  best  use  of  such  library,  reading  rooms,  branch  libraries  and 
library  stations  by  the  public ;  all  such  purchases,  payments  and  ex- 
penditures to  be  made  out  of  said  library  fund  hereinafter  pro- 
vided for. 

[Employment  of  librarian  and  assistants.]  They  shall  have 
power,  and  it  shall  be  their  duty,  to  employ  a  librarian,  assistant 
librarians,  and  other  necessary  assistants  for  such  public  library, 
reading  rooms,  branches  and  stations,  to  fix  the  compensation  of 
persons  so  employed,  and  to  pay  the  same  out  of  said  library  fund. 
Said  library  board  may  fix  the  term  of  any  such  person  employed 
by  them  for  any  period  not  to  exceed  one  year.  (93  v.  193.) 

Sec.  3999<r.  [Tax  for  library  purposes  in  Cincinnati.]  For  the 
purpose  of  increasing,  maintaining  and  managing  the  public  library 


70  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

in  cities  of  the  first  grade  of  the  first  class,  for  which  a  board  of 
trustees  shall  have  been  appointed,  as  provided  in  section  3999,  the 
said  board  of  trustees  may  levy  annually  a  tax  of  not  exceeding  five- 
tenths  of  a  mill  on  each  dollar  of  valuation  of  the  taxable  property  of 
the  county  wherein  is  situated  such  city,  to  be  assessed,  collected  and 
paid  in  the  same  manner  as  are  other  taxes  levied  throughout  the 
county.  Said  levy  shall  be  certified  by  said  board  of  trustees  to  the 
auditor  of  the  county  in  which  said  city  is  situated,  and  shall  be 
placed  by  said  auditor  on  the  tax  duplicate  and  collected  as  other  taxes. 
The  money  realized  from  said  levy,  and  all  moneys  received  or  col- 
lected by  said  trustees  for  the  library,  shall  be  placed  in  the  treasury 
of  said  county,  subject  to  the  order  of  said  board  of  trustees  of  said 
library.  Said  fund  shall  be  known  as  the  library  fund  of  said  county, 
of  which  the  county  treasurer  shall  be  the  custodian,  and  no  money 
shall  be  drawn  therefrom,  except  upon  the  requisition  of  the  board  of 
trustees  of  said  library,  certified  by  the  president  and  secretary  of  said 
board,  directed  to  the  county  auditor,  who  shall  draw  his  warrant  on 
the  county  treasurer  therefor.  Any  part  of  said  funds  unexpended 
during  any  year  shall  remain  to  the  credit  of  said  library  fund.  (94  v. 
204;  93  v.  194.) 

Sec.  399901.  [Provisions  relating  to  tax  and  expenditures  for 
library  purposes  in  Cincinnati.]  The  provisions,  requirements,  limi- 
tations and  inhibitions  of  sections  1005,  1006,  1007,  1008  and  1009  of 
the  Revised  Statutes  of  Ohio,  shall  apply  to  and  govern  the  levying 
of  taxes  and  the  making  of  appropriations  and  expenditures  for  library 
purposes  in  and  for  any  city  of  the  first  grade  of  the  first  class  situate 
in  any  county  having  a  board  of  control,  in  all  respects  and  as  fully  as 
said  sections  apply  to  and  govern  any  such  county  in  the  levying  of  its 
taxes  and  in  providing  for  its  yearly  expenditures ;  and  it  shall  be  un- 
lawful in  any  such  county  to  levy  any  tax  for  library  purposes  or  to 
make  any  expenditure  from  any  library  fund,  created  under  section 
3999*:  of  the  Revised  Statutes,  without  the  action  thereon  of  the  coun- 
ty auditor  and  of  the  board  of  county  commissioners  and  of  the  board 
of  control,  in  the  manner  prescribed  in  and  by  said  several  sections 
1005,  1006,  1007,  1008  and  1009:  Provided,  however,  that  in  the  year 
1902  the  report  required  by  said  section  1008  shflll  be  made  by  the 
board  of  trustees  of  any  public  library  of  any  such  city  on  or  before 
the  first  Monday  of  May  of  said  year,  and  that  the  statements  re- 
quired by  said  section  1005  shall  be  made  by  the  county  auditor,  as  to 
the  tax  for  library  purposes  in  such  cities,  on  or  before  the  first  Mon- 
day of  June  of  said  year,  and  the  first  appropriation  of  funds  pro- 
vided for  by  this  act  shall  be  made  for  the  six  months  ending  Decem- 
ber 3ist,  1902,  in  accordance  with  said  section  1007.  The  secretary  of 


OHIO   SCHOOL  LAWS.  71 


School  Houses  and  Libraries.  Ch.  8. 

the  board  last  named  shall,  on  demand,  furnish  to  the  county  auditor, 
board  of  county  commissioners,  and  board  of  control  any  information 
relating  to  the  finances  of  said  board,  which  either  may  deem  neces- 
sary in  the  proper  discharge  of  the  duties  imposed  by  this  act.  The 
provisions  of  section  2834^  of  the  Revised  Statutes  shall  apply  to  all 
contracts,  agreements,  obligations  and  orders  involving  the  expendi- 
ture of  money,  entered  into  or  made  by  the  board  of  trustees  of  the 
public  library  of  any  such  city,  and  any  action  of  any  such  board, 
contrary  to  the  provisions  of  said  section,  shall  be  void,  except  that 
the  certificate  of  the  county  auditor  required  by  said  section  shall  not 
be  necessary  in  case  of  current  expenditures,  or  in  case  of  any  other 
expenditures  not  exceeding  five  hundred  dollars,  or  in  case  of  con- 
tracts for  the  employment  of  officers,  assistants  or  other  employes  of 
such  board.  (95  v.  361.) 

Sec.  3999</.  [Disposition  of  unexpended  fund  heretofore  raised 
for  library  purposes  in  Cincinnati.]  The  amount  of  any  fund  hereto- 
fore raised  by  a  levy  or  tax  by  the  board  of  education  in  such  city  for 
school  library  purposes,  and  all  library  funds  remaining  unexpended, 
shall  be  transferred  from  the  respective  funds  to  the  library  fund 
herein  created,  to  be  expended  and  paid  out  as  herein  provided  for 
funds  produced  by  a  levy  made  by  said  board  of  trustees,  and  any 
and  all  funds,  bonds,  stocks  or  other  species  of  property  held  by  the 
board  of  education  of  such  city,  or  by  any  of  the  departments  of 
such  city  for  the  benefit  of  the  public  library  thereof,  shall  be  trans- 
ferred to  the  board  of  trustees  of  such  public  library,  to  be  held  and 
controlled  by  them  subject  to  the  terms  of  the  respective  donations. 
(93  v.  194-) 

Sec.  3999^.  [Who  ineligible  as  members  of  the  library  board.] 
No  member  of  any  of  the  boards  exercising  the  power  of  appoint- 
ment of  the  trustees  of  the  public  library,  as  provided  in  section 
3999,  shall  be  appointed  or  elected  a  member  of  said  library  board. 
(94  v.  204.) 

(3999/)  Sec.  i.  [Carnegie  donation,  library  trustees  may  ac- 
cept.] That  the  board  of  trustees  of  the  public  library  of  the  school 
district  of  Cincinnati  be  and  it  is  hereby  authorized  to  receive  and 
accept  the  said  donation  of  Andrew  Carnegie  npon  the  terms  and 
conditions  therein  expressed,  the  branch  libraries  constructed  under 
the  provisions  of  said  donation  to  be  by  said  library  trustees  and 
their  successors  equipped,  furnished  and  maintained,  and  forever 
kept  open  for  the  free  use  of  the  public.  (95  v.  902.) 

(3999^)  Sec.  2.  [Bonds  for  sites,  equipment,  etc.,  of  libraries.] 
That  for  the  purpose  of  providing  the  sites  and  furnishing  the 


72  ' 


OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

equipment  necessary  for  said  branch  libraries  the  said  board  of  trus- 
tees is  hereby  authorized  and  empowered  to  borrow  as  a  fund  there- 
for such  sum  as  be  necessary,  not  exceeding  one  hundred  and  eighty 
thousand  dollars,  and  to  issue  registered  or  coupon  bonds  therefor, 
which  shall  be  known  and  designated  as  "The  Public  Library  bonds 
of  the  school  district  of  Cincinnati,"  and  shall  be  issued  in  such  sums 
and  be  made  payable  at  such  times  and  places  as  shall  be  deemed 
best  by  said  board.  Said  bonds  shall  be  signed  by  the  president 
and  secretary  of  said  board  and  a  record  kept  thereof.  They  shall 
bear  a  rate  of  interest  not  exceeding  three  and  one-half  per  centum 
per  annum,  and  shall  not  be  sold  for  less  than  par,  nor  until  after 
four  successive  weekly  advertisements  in  two  newspapers  published 
and  of  general  circulation  in  said  city.  For  the  purpose  of  paying  the 
interest  and  providing  a  sinking  fund  for  the  final  redemption  of 
said  bonds,  the  said  board  of  trustees  shall  levy  annually  a  tax  upon 
the  taxable  property  of  said  school  district  sufficient  in  amount  to 
pay  the  said  interest  upon  said  bonds,  and  to  provide  a  sinking  fund 
for  their  final  redemption.  The  said  tax  shall  be  certified  annual- 
ly by  said  trustees  to  the  auditor  of  the  county  in  which  said  school 
district  is  situate,  and  shall  be  by  him  placed  upon  the  tax  duplicate 
of  said  district  in  addition  to  all  other  taxes  allowed  by  law,  and  said 
tax  shall  be  levied,  assessed  and  collected  as  other  taxes.  The  pro- 
ceeds of  said  tax,  when  collected,  shall  be  credited  to  the  said  library 
trustees  as  trustees  of  the  sinking  fund  for  the  payment  of  the  said 
bonds  and  interest.  Said  trustees  shall  pay  therefrom  the  said  annual 
interest  upon  said  bonds,  and  the  portion  assessed  and  collected  for  the 
sinking  fund  shall  be  invested  by  them  in  bonds  of  the  United  States, 
state  of  Ohio,  or  the  city  of  Cincinnati,  and  from  the  proceeds  of  said 
investment  they  shall  pay  the  said  bonds  at  maturity.  (95  v.  902.) 

(3999/1)  Sec.  3.  [Power  of  trustees  to  lease  or  purchase  sites, 
etc.;  contracts  for  branch  libraries;  title  to  property.]  Said  library 
trustees  shall  have  power  to  purchase  or  lease  and  to  hofd  land  neces- 
sary for  suitable  sites  on  which  to  erect  said  branch  libraries,  and 
shall  use  said  fund  in  the  payment  therefor,  and  in  suitably  equip- 
ping said  libraries  for  use.  It  shall  require  the  affirmative  vote  of 
not  less  than  two-thirds  of  the  members  of  said  board  to  purchase 
or  lease  any  such  land  or  to  make  any  contracts  concerning  the 
erection  of  such  branch  libraries.  Purchases  made  may  be  for  cash 
or  on  time,  and  if  on  time,  said  board  may  issue  its  obligations 
for  the  deferred  payments  and  secure  the  same  by  mortgage  upon 
the  land  purchased.  Said  trustees  shall  have  power  and  they  are 
hereby  authorized  to  make  all  necessary  contracts  for  the  construe- 


OHIO  SCHOOL  LAWS.  73 


School  Houses  and  Libraries.  Ch.  8. 

tion,  furnishing  and  equipping  of  such  branch  libraries.  The  title  to  the 
land  acquired  under  this  act  shall  be  taken  in  the  name  of  "The  trustees 
of  the  Public  Library  of  the  school  district  of  Cincinnati,"  and  shall 
be  held  by  them  in  trust  for  public  library  purposes,  and  said  trus- 
tees shall  have  the  care,  custody,  management,  and  control  of  all 
property  provided  for  public  library  purposes  under  this  act.  (95  v. 
903-) 

(39990  Sec.  4.  [Exemptions  from  taxes,  execution,  etc.]  All 
property,  real  and  personal,  vested  in  such  library  board  or  used 
for  library  purposes,  shall  be  exempt  from  taxation,  and  from  sale 
on  execution,  or  any  writ  or  order  in  the  nature  of  an  execution. 
(95  v.  903-) 

(3999;)  Sec.  5.  [Donations,  taxes,  etc.]  Said  trustees  shall 
have  the  right  to  receive  and  accept  donations  of  land,  money,  or 
other  thing  of  value,  and  to  invest,  use,  or  dispose  of  the  same  in 
the  interest  of  the  library.  (95  v.  903.) 

(3999&)  Sec.  6.  [Power  of  trustees  to  control  funds;  contracts 
for  buildings,  etc.]  The  said  library  trustees,  and  their  successors 
shall  be  the  trustees  of  said  fund  so  as  aforesaid  raised  and  pro- 
vided, and  shall  have  the  control  and  disbursement  of  the  same. 
They  may  maintain  and  defend  suits,  appoint,  employ,  and  pay  offi- 
cers and  agents.  No  contract  shall  be  made  for  any  part  of  the  con- 
struction of  said  library  building,  or  for  any  work  to  be  done  in 
connection  therewith,  which  shall  involve  the  expenditure  of  more 
than  five  hundred  dollars,  save  upon  public  advertisement  for  not 
less  than  thirty  days  in  two  newspapers,  printed  and  of  general 
circulation  in  said  city,  inviting  proposals  therefor.  Said  trustees 
shall  have  power  to  take  such  security  from  any  officer,  agent,  or 
contractor  chosen,  appointed,  or  employed  by  them  as  they  shall 
deem  advisable.  They  shall  not  become  surety  for  any  officer,  agent 
or  contractor,  or  be  interested  directly  or  indirectly  in  any  contract 
concerning  said  library.  (95  v.  903.) 

(39990  Sec.  7.  [Officers  of  trustees;  depositories  of  funds,  etc.j 
The  said  trustees  shall  choose  from  their  number  a  president,  vice- 
president,  secretary  and  treasurer,  and  may  select  a  depository  within 
said  city  which  shall  be  a  national  bank  or  trust  company  organized 
under  the  laws  of  this  state  in  which  to  deposit  any  funds  coming 
into  the  hands  of  said  treasurer,  and  they  may  make  contracts  for  the 
safe  keeping  of  said  funds  and  the  payment  of  interest  thereon. 
(95  v.  904.) 

Sec.  4000.  [Cleveland  public  library.]  The  public  library  board 
of  the  city  of  Cleveland  shall  consist  of  seven  suitable  persons, 


74  OHIO   SCHOOL  LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

residents  of  said  city,  no  one  being  a  member  or  officer  of  the 
board  of  education.  The  members  of  the  library  board  shall  serve 
without  compensation  and  hold  their  offices  for  three  years,  and 
until  their  successors  shall  have  been  elected  and  qualified,  except 
that  at  the  first  election  two  of  the  board  shall  be  elected  for  one 
year,  two  for  two  years,  and  three  for  three  years.  After  said 
first  election  so  many  shall  be  elected  each  year  as  equals  the  num- 
ber whose  term  expires  that  year.  They  shall  be  elected  by  roll-call 
as  in  other  cases  by  the  board  of  education  of  the  city  of  Cleveland,  at 
its  first  regular  meeting  after  the  third  Monday  in  April,  1886,  and 
annually  thereafter  as  hereinbefore  provided.  The  board  of  education 
shall  have  power  at  any  time  to  fill  vacancies  in  the  library  board  for 
unexpired  terms  by  election  as  aforesaid.  (1886,  April  28;  83  v.  104; 
80  v.  172;  Rev.  Stat.  1880;  25  v.  101,  §  i.) 

Sec.  4001.  [Powers  and  duties  of  library  board.]  Such  library 
board  shall  report  in  writing  to  the  board  of  education  once  each  year, 
and  oftener  if  required  by  the  latter,  shall  have  exclusive  charge  and 
control  of  the  public  library  of  the  city,  and  shall  have  full  power  to 
make  all  rules  and  regulations  for  the  government  and  management 
thereof;  to  employ  a  librarian  and  such  assistants  and  help  as  may  be 
needed  for  the  care  and  protection  of  the  library,  and  to  attend  to  the 
drawing  and  return  of  books ;  but  prior  to  such  employment  the  com- 
pensation of  such  librarian,  assistants  and  help,  shall  be  fixed  by  the 
library  board,  by  a  majority  of  the  members  thereof  voting  in  favor 
of  such  compensation,  on  roll-call  by  the  secretary,  and  such  librarian, 
assistants  and  help  shall  be  employed  by  a  vote  in  the  same  manner. 
(1883,  April  18;  80  v.  172;  78  v.  132;  Rev.  Stat.  1880;  76  v.  50,  §  2.) 

Sec.  4002.  [Library  tax,  and  how  expended.]  For  the  purpose  of 
increasing  and  maintaining  the  public  library  in  said  city,  and  the  ter- 
ritory thereto  attached  for  school  purposes,  such  library  board  may 
levy  annually  a  tax  of  eight-tenths  of  one  mill  on  each  dollar  valuation 
of  the  taxable  property  of  the  city,  and  the  territory  thereto  attached 
for  school  purposes,  to  be  levied,  collected  and  paid  in  the  same  manner 
as  are  school  taxes  of  the  city;  all  money  appropriated,  received  01 
collected  by  tax  for  the  library,  shall  be  expended  under  the  direction  ot 
the  library  board  in  purchasing  such  books,  pamphlets,  papers,  maga- 
zines, periodicals,  journals  and  other  property  as  may  be  deemed 
suitable  for  the  public  library  and  in  payment  of  all  other  charges  and 
expenses,  including  compensation  of  the  librarian,  assistants  and  help 
that  may  be  incurred  in  increasing  and  maintaining  the  library,  and 
all  claims  against  said  fund  shall  be  approved  by  the  president  and 
secretary  of  said  library  board  and  paid  upon  the  warrant  of  the  auditor 


OHIO  SCHOOL  LAWS.  75 


School  Houses  and  Libraries.  Ch.  8. 

of  the  board  of  education  in  the  manner  now  provided  by  law  for  the 
payment  of  claims  against  said  city.  (94  v.  26;  91  v.  268,  123;  90  v. 
96;  80  v.  172,  173 ;  Rev.  Stat.  1880;  76  v.  50,  §  3 ;  95  v.  438.) 

(4002-1.)  Sec.  i.  [Cleveland  library  board  to  hold  title  and  con- 
trol property.]  Said  library  board,  in  its  own  name  shall  hold  the 
title  to  and  have  the  custody,  management  and  control  of  all  property 
of  said  library  board,  both  real  and  personal,  whether  acquired  here- 
tofore, or  hereafter,  and  shall  have  power  over,  and  the  executive 
control  of  the  expenditures  of  moneys  collected  for  the  purpose  of 
purchasing  lands,  and  erecting  buildings  and  also  have  complete  cus- 
tody, management  and  control  of  all  public  libraries  and  branches 
and  stations  thereof,  and  the  reading  rooms  connected  therewith. 
(92  v.  590.) 

(4002-2)  Sec.  2.  [Can  purchase,  lease  or  condemn.]  Said 
library  board  shall  have  power,  by  a  two-third  vote  of  its  members 
entered  upon  its  journal,  to  purchase  grounds  and  erect  suitable 
library  buildings,  and  to  lease  grounds  and  suitable  library  buildings, 
and  in  case  suitable  grounds  cannot  be  purchased,  to  condemn  the 
grounds  desired,  by  virtue  of  the  power  of  eminent  domain,  and  erect 
thereon  suitable  and  appropriate  buildings  for  library  use.  The  title 
to  such  grounds  so  purchased  or  condemned  and  buildings  erected 
shall  be  taken  to  and  vest  in  the  said  library  board.  (92  v.  590.) 

(4002-3.)  Sec.  3.  [Proceedings  to  condemn.]  When  it  is  deem- 
ed necessary  by  said  library  [board]  to  condemn  or  appropriate  pri- 
vate property,  whereon  to  erect  library  buildings,  said  library  board 
in  making  such  appropriation  shall  proceed  in  accordance  with  the 
provisions  of  section  2235  and  subsequent  sections  found  in  chapter  3, 
division  7,  title  12  of  the  Revised  Statutes  of  Ohio  and  acts  amenda- 
tory thereof  and  supplementary  thereto.  (92  v.  590.) 

(4002-4.)  Sec.  4.  [Donations.]  Said  board  may  by  resolution 
accept  any  gift,  devise  or  bequest  of  property,  real  and  personal,  for 
the  benefit  of  the  library.  (92  v.  590.) 

(4002-5)  Sec.  5.  [Exempt  from  tax  and  execution.]  All  prop- 
erty, real  or  personal,  vested  in  any  public  library  board  shall  be 
exempt  from  taxation  and  from  sale  on  execution  or  other  writ  or 
order  in  the  nature  of  an  execution.  All  conveyances  made  by  such 
library  board  shall  be  executed  by  the  president  and  secretary  there- 
of. (92  v.  590.) 

(4002-6)  Sec.  6.  [Oath.]  Each  person  appointed  a  member  of 
such  board  shall,  upon  entering  upon  the  duties  of  his  office,  take 
an  oath  or  affirmation,  to  obey  the  constitution  of  the  United  States 


76  OHIO  SCHOOL  LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

and  the  constitution  of  the  state  of  Ohio,  and  that  he  will  faithfully 
perform  the  duties  of  his  office.  (92  v.  590.) 

(4002-7)  Sec.  7.  [Organization.]  Said  library  board  at  its  first 
meeting  in  June  after  the  passage  of  this  bill,  and  annually  thereafter 
in  June,  shall  organize  by  choosing  a  president,  a  vice  president  and 
a  secretary,  and  in  the  absence  of  the  president  or  his  inability  to  act, 
the  vice  president  shall  perform  the  duties  of  the  president.  (92 
v.  590.) 

(4002-8)  Sec.  8.  [Annual  report.]  Said  library  board  shall  make 
an  annual  report  to  the  board  of  education  stating  the  condition  of 
their  trust,  the  various  sums  of  money  received  from  the  library 
fund  and  from  other  sources  and  how  much  moneys  have  been  ex- 
pended, and  for  what  purposes ;  the  number  of  books  and  period- 
icals on  hand ;  the  number  added  by  purchase,  gifts  or  otherwise 
during  the  year;  the  number  lost  or  missing,  the  number  of  books 
loaned  out  and  the  general  character  of  the  books,  with  other  sta- 
tistics, information  and  suggestions  as  they  may  deem  of  general 
interest.  (92  v.  590.) 

(4002-9)  Sec.  9.  [No  member  of  board  to  be  interested  in  con- 
tract, except;  validity  of  contract.]  No  member  of  such  library 
board  shall  have  any  pecuniary  interest,  either  directly  or  indirectly, 
in  any  contract  made  with  the  board  or  be  employed  in  any  manner 
or  have  any  compensation  from  the  board  of  which  he  is  a  member, 
except  as  secretary,  and  no  contract  shall  be  binding  upon  such  board 
unless  it  be  made  or  authorized  to  be  made  at  a  regular  or  special 
meeting  of  the  board.  (92  v.  590.) 

(4002-10)  Sec.  10.  [Use  of  library  and  reading  room.]  Every 
library  and  reading-room  established  under  this  act  shall  be  free  to  the 
use  of  the  inhabitants  of  such  city  and  those  who  reside  in  the  ter- 
ritory thereto  attached  for  school  purposes,  subject,  however,  to 
such  rules  and  regulations  as  the  library  board  may  deem  neces- 
sary to  adopt  and  publish,  to  protect  and  preserve  property  therein 
in  order  to  render  the  use  of  said  library  and  reading-room  of  the 
greatest  benefit  to  the  greatest  number;  and  said  library  board  may 
exclude  and  cut  off  from  the  use  of  said  library  and  reading-room  any 
and  all  persons  who  shall  wilfully  violate  any  of  such  rules  and  reg- 
ulations. (92  v.  590.) 

(4002-11)  Sec.  ii.  [Bonds  to  pay  for  land  and  building.]  Said 
library  board  may  issue  bonds  with  interest  coupons  attached,  to  ob- 
tain land  and  building  for  a  public  library  and  to  furnish  the  same 
and  to  pay  the  cost  and  expense  thereof,  and  in  anticipation  of  in- 
come from  taxes  for  such  purposes  levied  or  to  be  levied,  may  from 


OHIO   SCHOOL   LAWS.  77 

School  Houses  and  Libraries.  Ch.  8. 

time  to  time,  as  occasion  requires,  or  at  any  time  after  the  passage  of 
this  bill,  issue  and  sell  bonds,  bearing  interest,  payable  semi-annually, 
at  a  rate  specified  therein,  not  exceeding  five  per  cent.  (5%)  per 
annum,  and  in  such  sums  and  at  such  times  as  the  library  board  may 
determine,  which  bonds  shall  be  numbered  consecutively,  made  pay- 
able to  the  bearer  and  be  signed  by  the  president  and  secretary  of 
the  board  and  denominated  "public  library  bonds  of  the  city  of  Cleve- 
land, Ohio,"  and  the  secretary  of  said  board  shall  keep  a  record 
of  the  number,  date,  amount  and  rate  of  interest  on  each  bond  sold, 
the  sum  for  which  and  the  name  of  the  person  to  whom  sold,  and 
the  time  when  payable,  which  record  shall  be  open  to  the  inspection 
of  the  public  at  all  reasonable  times,  and  the  bonds  so  issued  shall  in 
no  case  be  sold  for  a  less  sum  than  the  par  value  nor  bear  interest 
until  the  purchase  money  for  the  same  shall  have  been  paid  by 
the  purchaser  and  such  library  board  shall  pay  such  bonds  and  the 
interest  thereon  when  due,  provided  that  the  total  issue  of  bonds 
shall  not  exceed  two  hundred  and  fifty  thousand  dollars  ($250,000). 
(92  v.  590.) 

(4002-12)  Sec.  12.  [Resolution  to  issue;  sale  of.]  The  order  to 
issue  such  bonds  shall  be  made  only  at  a  regular  meeting  of  such 
board  and  by  a  vote  of  five-sevenths  of  all  the  members  thereof, 
taken  by  yeas  and  nays  and  entered  on  the  journal  of  the  board, 
and  such  bonds  shall  be  sold  to  the  highest  bidder  after  being  ad- 
vertised once  a  week  for  four  (4)  consecutive  weeks  in  a  newspaper 
having  a  general  circulation  in  the  county  where  such  bonds  are 
issued,  and  if  there  shall  be  more  than  one  newspaper  in  such  city 
having  a  general  circulation  in  the  county  where  such  bonds  are 
issued,  then  the  sale  of  such  bonds  shall  be  advertised  in  at  least 
one  additional  newspaper  of  such  general  circulation  in  such  county, 
the  advertisement  shall  state  the  total  number  of  bonds  to  be  sold, 
the  amount  of  each,  how  long  they  are  to  run,  the  rate  of  interest 
to  be  paid*  thereon,  whether  annually  or  semi-annually,  the  law  or 
section  of  law  authorizing  their  issue,  day,  hour  and  place  in  the 
county  where  they  are  to  be  sold,  and  the  privilege  shall  be  reserved 
by  such  board  to  reject  all  or  any  bids,  and  if  said  bids  are  rejected 
said  bonds  shall  be  advertised  and  the  moneys  arising  on  pre- 
miums of  the  sale  of  said  bonds  as  well  as  the  principal  shall  be 
credited  to  said  fund  on  account  of  which  the  bonds  are  issued  and 
sold  and  shall  be  used  for  the  purpose  provided  in  this  section.  (92 
v.  590.) 

(4002-13)  Sec.  13.  [Sinking  fund.]  For  the  purpose  of  creating 
a  sinking  fund  for  the  extinguishment  of  the  bonds  provided  for  in 


78  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

the  preceding  section,  said  library  board  may  annually  until  the  pay- 
ments of  the  bonds  are  fully  provided  for,  levy  and  collect  a  tax  in 
addition  to  other  taxes  now  authorized  to  be  levied  by  it,  which 
shall  not  exceed  two-tenths  of  one"  mill  upon, the  taxable  property 
of  the  city  of  Cleveland  and  the  territory  thereto  attached  for  school 
purposes,  which  tax  shall  be  paid  into  the  treasury  of  said  city  and 
on  order  of  the  director  of  accounts  of  said  city  paid  over  to  the 
sinking  fund  commission  hereafter  provided  for  and  by  them  applied 
by  order  of  the  library  board  to  the  extinguishment  of  the  bonds  in 
the  preceding  section  provided  and  to  no  other  purpose  whatever, 
and  the  taxes  so  levied  shall  be  certified  and  placed  on  the  tax 
list  and  collected  in  the  same  manner  as  school  taxes  of  said  city 
and  such  tax  shall  be  a  lien  upon  the  property  whereon  they  are 
assessed  and  the  same  as  state  and  county  taxes  and  subject  to  the 
same  penalties  if  delinquent.  (92  v.  590.) 

(4002-14)  Sec.  14.  [Trustees  of  sinking  fund.]  In  such  city 
there  shall  be  a  board  designated  as  "the  trustees  of  the  library  sink- 
ing fund  of  the  city  of  Cleveland"  composed  of  three  (3)  citizens 
thereof,  to  be  appointed  by  the  court  of  common  pleas  in  the  county 
in  which  such  city  is  situated.  The  first  appointment  shall  be  one 
for  the  term  of  one  year,  one  for  the  term  of  two  years,  and  one 
for  the  term  of  three  years  and  all  trustees  appointed  thereafter 
shall  serve  for  three  years,  except  in  case  of  vacancy,  which  shall 
be  filled  by  said  court  for  the  unexpired  term,  and  before  any  person 
appointed  as  a  member  of  such  board  shall  assume  the  duties  of  his 
office  he  shall  give  bond  to  the  state  of  Ohio  in  the  sum  of  five  thou- 
sand dollars  ($5,000)  with  not  less  than  two  sureties  to  faithfully 
discharge  his  said  duties.  (92  v.  590.) 

(4002-15)  Sec.  15.  [Their  organization.]  Such  trustees  imme- 
diately after  appointment  and  qualification  shall  organize  by  appoint- 
ing one  of  their  number  as  president  and  the  director  of  accounts 
of  such  city  shall  act  as  secretary  of  said  board  of  trustees  and  the 
library  board  shall  provide  such  trustees  with  a  place  of  meeting, 
and  regular  meetings  of  such  trustees  shall  be  held  on  the  second 
Monday  of  January  and  July  of  each  year,  but  other  meetings  may 
be  called  by  the  president  or  any  member  of  the  board.  Their  pro- 
ceedings shall  be  recorded  in  a  journal  kept  for  that  purpose  which 
shall  at  all  times  be  open  to  the  inspection  of  the  library  board  or 
any  member  thereof  and  all  questions  relating  to  the  purchase  or 
sale  of  securities,  payment  of  bonds  or  interest  shall  be  decided 
by  a  viva  voce  vote  with  the  name  of  each  member  voting  recorded 
on  the  journal  and  no  question  shall  be  decided  unless  approved  by  a 
majority  of  the  whole  board.  (92  v.  590.) 


OHIO   SCHOOL  LAWS.  79 


School  Houses  and  Libraries.  Ch.  8. 

(4002-16)  Sec.  16.  [Their  duty  to  certify  tax.]  The  trustees  of 
such  sinking  fund  shall  in  the  month  of  May  in  each  year  and  oftener, 
if  required,  certify  to  the  library  board  the  rate  of  tax,  not  exceeding 
the  limit  herein  provided,  necessary  to  provide  a  sinking  fund  for  the 
payment  of  the  bonds  issued  by  authority  of  this  bill  together  with 
the  amount  necessary  to  be  levied  to  provide  for  the  payment  of 
the  interest  thereon,  and  the  library  board  shall  levy  the  amount 
so  certified  as  under  this  act  provided  and  for  the  full  amount  so 
certified,  but  said  library  board  may  increase  the  amount  so  reported, 
provided  the  total  amount  so  levied  does  not  exceed  the  limitation 
provided  in  this  bill.  (92  v.  590.) 

(4002-17)  Sec.  17.  [Investments  by.]  The  trustees  of  such 
sinking  fund  shall  invest  all  moneys  received  by  them  in  bonds  of 
the  United  States,  state  of  Ohio,  city  of  Cleveland,  city  of  Cincinnati, 
city  of  Columbus,  and  the  city  of  Toledo,  and  they  shall  give  pref- 
erence to  the  bonds  of  the  city  of  Cleveland,  where  they  can  be  pur- 
chased-at  a  price  equal  to,  or,  less  than  the  bonds  of  the  United  States, 
or  of  the  state  of  Ohio,  taking  into  consideration  the  rate  of  interest 
paid  on  each,  and  the  interest  received  shall  be  reinvested  in  like 
manner  and  at  no  time  shall  there  be  more  than  $5,000  kept  on  de- 
posit if  investment  can  be  made,  and  said  trustees  shall  provide  for 
the  payment  of  all  interest  on,  said  bonds  herein  authorized  to  be 
issued,  together  with  the  principal  thereof  at  maturity  of  said  bonds, 
from  said  funds  so  invested  by  them.  (92  v.  590.) 

(4002-18)  Sec.  i.  [Cleveland  may  appropriate  from  school  fund 
for  library.]  In  all  cities,  which,  by  the  last  federal  census,  had, 
and  all  those  which  hereafter,  on  the  first  day  of  March,  in  any 
year,  as  ascertained  by  any  federal  census,  may  have,  a  population 
exceeding  ninety  thousand  and  less  than  two  hundred  thousand  in- 
habitants, it  shall  be  lawful  to  appropriate  from  the  school  fund, 
an  amount  equal  to  the  proceeds  of  one-tenth  of  one  mill  of  the  tax 
levy,  to  maintain  or  assist  in  maintaining  the  public  library  and  pay 
in  part  the  cost  and  expense  of  supporting  and  running  any  public 
library  in  said  cities  in  addition  to  the  one-tenth  of  one  mill  now 
authorized  by  law  to  be  raised  by  taxation  for  that  purpose;  pro- 
vided, that  this  act  shall  not  be  construed  to  authorize  any  increase  in 
levies  for  school  purposes,  including  libraries  in  said  cities,  over  that 
made  in  1877.  (75  v.  u.) 

IN   TOLEDO. 

(4002-19)  Sec.  i.  [Toledo  public  library;  tax  for  library.]  In 
any  city  of  the  third  grade  of  the  first  class,  the  city  council  may,  by 


80  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

a  resolution  passed  by  a  majority  of  the  members  elected  thereto, 
declare  it  to  be  essential  to  the  interests  of  such  city,  to  establish  and 
maintain  therein  a  public  library  and  reading  room.  That  thereafter 
the  said  city  council  shall,  annually,  levy  a  tax  of  thirty-five  one- 
hundreths  (35-100)  of  one  mill  on  the  dollar  on  the  taxable  property 
of  such  city  for  that  purpose,  to  be  called  the  library  fund ;  and 
which  levy  shall  be  certified  to  the  county  auditor  of  the  county, 
and  by  him  placed  on  the  tax  duplicate  of  the  county  and  collected 
as  other  taxes.  (94  v.  166;  1888,  April  12;  85  v.  209;  Rev.  Stat.  1880; 
70  v.  142.) 

(4002-20)  Sec.  i a.    Repealed  April  14,  1900.     (94  v.  166.) 

(4002-21)  Sec.  2.  [Board  of  trustees.]  The  custody  and  man- 
agement of  such  public  library  and  reading-room,  as  well  as  its 
entire  administration,  shall  be  committed  to  a  board  of  trustees,  nine 
in  number,  of  whom  the  mayor  of  such  city  for  the  time  being 
shall  be  one,  and  the  others  shall  be  appointed  by  the  common  council, 
four  of  whom  shall  be  appointed  from  such  names  as  shall  be  nom- 
inated to  the  common  council  by  the  board  of  education  of  said 
city,  and  shall  be  citizens  of  approved  learning,  discretion,  and  fit- 
ness for  such  office.  They  shall  hold  their  office  for  the  term  of 
four  years,  and  until  their  successors  are  duly  elected  and  qualified ; 
provided,  that  the  trustees  first  appointed,  other  than  the  mayor, 
shall  be  elected  respectively  for  terms  of  one,  two,  three,  and  four 
years,  from  the  first  day  of  January  next  following  their  election, 
two  for  each  term.  Any  vacancy  caused  by  the  death,  resignation, 
or  removal  of  a  trustee,  or  otherwise,  shall  be  filled  for  his  unexpired 
term  by  appointment  of  the  common  council.  No  trustees  shall  have 
compensation  as  such.  (1888,  April  12;  85  v.  209,  210;  Rev.  Stat. 
1880;  70  v.  142.) 

(4002-22)  Sec.  3.  [Transfer  of  libraries  to  such  board  by  the 
board  of  education.]  As  soon  as  said  board  of  trustees  shall  be 
elected  and  organized,  it  shall  be  the  duty  of  the  board  of  education  in 
such  city  to  transfer  to  the  custody  and  control  of  such  board  of 
trustees  whatever  public  library  or  libraries  may  be  in  its  possession 
or  control,  except  such  books  of  reference,  maps  or  charts  as  the 
board  of  education  may  think  proper  to  retain  for  use  in  school  build- 
ings ;  and  thereafter  no  tax  shall  be  levied  by  such  board  of  education 
for  a  library  fund.  (1888,  April  12;  85  v.  209,  210;  Rev.  Stat  1880; 
70  v.  142.) 

(4002-23)  Sec.  4.  [Organization  of  trustees;  regulations;  pow- 
ers; deposit  of  library  funds;  warrants;  power  to  purchase  or  con- 
demn grounds;  issue  and  sale  of  public  library  building  bonds;  pay- 


OHIO   SCHOOL  LAWS.  81 


School  Houses  and  Libraries.  Ch.  8. 

ment  of  said  bonds  and  interest;  title  to  grounds  purchased;  librari- 
ans and  assistants.]  Said  trustees  shall  immediately  after  their 
appointment,  meet  and  organize  by  the  election  of  one  of  their  num- 
ber as  president,  and  by  the  election  of  such  other  officers  as  they 
may  deem  necessary.  They  shall  make  and  adopt  such  by-laws, 
rules  and  regulations  for  their  own  government  and  guidance  of  the 
library,  reading-room  and  employes  as  may  be  expedient  and  not 
inconsistent  with  this  act.  They  shall  have  power  over  and  the 
exclusive  control  of  the  expenditure  of  all  moneys  collected  to  credit 
of  the  library  fund,  and  of  the  supervision,  care,  custody  and  control 
of  the  grounds  and  buildings  constructed  for  such  purpose,  or  rooms 
leased  or  set  apart  for  such  purpose;  provided,  that  all  moneys  col- 
lected for  such  library,  including  proceeds  of  the  bonds  herein  author- 
ized, and  all  others,  shall  be  deposited  in  the  treasury  of  said  city 
to  the  credit  of  the  library  fund,  and  shall  be  kept  separate  and 
apart  from  other  funds,  and  the  city  auditor  shall  issue  his  warrant 
when  drawn  upon  by  said  board  of  trustees,  or  by  its  proper  officers 
duly  authorized.  Said  board  shall  have  the  power,  by  a  two-third 
vote  of  said  trustees  entered  upon  its  journal,  to  purchase  grounds, 
and  in  case  suitable  grounds  cannot  be  purchased,  to  condemn  the 
grounds  desired,  and  erect  thereon  suitable  and  appropriate  build- 
ing or  buildings  for  the  use  of  said  library;  the  cost  of  such  ground 
and  buildings  not  to  exceed  in  the  aggregate  the  sum  of  $45,000; 
and  for  such  purpose  said  board  is  authorized  and  empowered  to 
borrow  money  upon  bonds  as  hereinafter  provided  to  pay  for  the 
same,  not  to  exceed  in  the  aggregate,  the  sum  of  $45,000 ;  and  the  said 
boards  of  trustees  is  authorized  to  issue  and  sell  its  bonds,  for  the 
above  named  amount,  with  coupons  for  interest,  divided  into  and 
payable  in  fifteen  consecutive  annual  payments;  the  first  of  which 
shall  become  due  three  years  after  their  issue.  Said  bonds  shall 
be  denominated  "The  Public  Library  Building  Bonds"  of  said  city, 
and  shall  be  for  the  sum  of  $500  each,  payable  to  bearer,  and  bear 
interest  at  the  rate  not  exceeding  four  and  one-half  per  cent,  per 
annum,  payable  semi-annually.  Said  bonds  and  coupons  shall  be 
signed  by  the  president  of  said  board  and  attested  by  its  secretary ; 
and  in  making  sale  of  said  bonds  the  said  board  of  trustees  shall 
be  governed  by  the  provisions  of  an  act  of  the  general  assembly 
passed  March  22,  1883  (O.  L.,  vol.  80,  p.  68),  entitled  "an  act  pro- 
viding for  the  sale  of  public  bonds."  To  meet  the  payment  of  said 
bonds  and  interest,  the  said  board  of  trustees  shall  appropriate  and 
set  apart  annually  from  said  library  fund,  a  sum  sufficient  for  such 
purpose,  not  to  exceed  one-half  of  the  tax  revenues  collected  for  such 

6— a.  L. 


82  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

year.  The  title  to  such  grounds  so  purchased  shall  be  taken  to  and  vest 
in  the  trustees  of  the  public  library  of  such  city ;  said  trustees  shall  be 
held  and  considered  to  be  special  trustees  thereof  for  such  city.  Said 
board  shall  have  power  to  appoint  suitable  librarians  and  necessary 
assistants,  fix  salaries  of  same,  and  shall,  in  general,  carry  out  the 
spirit  and  intent  of  this  act  in  establishing  and  maintaining  the  best 
public  library  and  reading-room  with  the  means  at  their  disposal. 
(1888,  April  12 ;  85  v.  209,  210;  Rev.  Stat.  1880;  70  v.  142.) 

(4002-24)  Sec.  40.  [Additional  bonds  authorized  to  be  issued  for 
certain  purposes.]  For  the  purpose  of  enabling  said  board  of  trustees 
to  construct  said  building  or  buildings  so  as  to  make  it  or  them  fire- 
proof, and  thereby  insure  protection  to  the  large  and  valuable  library 
to  be  kept  therein,  and  to  pay  the  increased  cost  of  such  construction, 
and  complete  said  building  or  buildings,  and  provide  necessary  furni- 
ture for  same,  and  to  pay  for  grading  the  library  grounds  and  con- 
structing walks,  said  board  of  trustees  is  hereby  authorized  to  issue 
and  sell  additional  bonds  to  an  amount  not  in  excess  of  thirty-five 
thousand  dollars  ($35,000)  ;  said  additional  bonds  shall  bear  interest, 
be  issued,  sold,  the  proceeds  deposited,  drawn,  used,  and  the  interest 
and  principal  paid,  as  provided,  and  subject  in  all  respects  to  all  the 
conditions  named  in  said  original  section  4,  for  the  bonds  therein 
authorized,  except  as  follows:  the  bonds  hereby  authorized,  shall 
mature,  three  thousand  dollars  ($3,000.00)  July  I,  1890;  five  thousand 
dollars  ($5,000.00)  July  I,  1906;  and  five  thousand  dollars  ($5,000.00) 
July  i,  of  each  succeeding  year  until  July  i,  1911,  when  seven  thous- 
and dol'ars  ($7,000.00)  shall  mature,  but  if  it  be  found  unnecessary  to 
issue  all  of  said  bonds,  those  not  issued  shall  be  those  last  to  mature 
as  aforesaid;  and  the  rate  of  interest  shall  not  exceed  four  per  cent, 
on  those  bonds  to  mature  July  i,  1906  and  thereafter;  and  said  board 
shall  annually  appropriate  and  set  apart  such  additional  sum  as  nuiy 
be  necessary  to  pay  said  bonds  and  the  interest  thereon  as  the  same 
mature.  (1889,  March  12;  86  v.  79.) 

(4002-25)  Sec.  4&.  [Purchase  of  a  site  for  library.]  That  on  the 
request  of  said  board  by  a  two-thirds  vote  of  all  of  the  trustees,  en- 
tered on  its  journal,  any  such  city  of  the  third  grade  of  the  first  class, 
may  purchase,  appropriate,  enter  upon  and  hold,  any  real  estate  within 
its  limits,  by  it  deemed  necessary  for  the  purpose  of  providing  said 
public  library  with  suitable  library  grounds  and  extensions  or  addi- 
tions thereto.  The  cost  and  expense  of  acquiring  such  grounds,  ex- 
tensions or  additions  shall  be  paid  for  by  the  trustees  of  such  public 
library,  out  of  any  moneys  in  its  hands  or  due  and  owing  to  it  from 
the  public  library  fund.  (88  v.  92.) 


OHIO   SCHOOL   LAWS.  83 


School  Houses  and  Libraries.  Ch.  8. 

(4002-26)  Sec.  4c.  [Appropriation  of  private  property.]  That 
when  it  is  deemed  necessary  by  any  such  city  of  the  third  grade  of 
the  first  class  to  appropriate  private  property  as  heretofore  provided 
in  said  supplementary  section  4&,  any  such  city  shall  proceed  in 
making  such  appropriation  under  and  in  accordance  with  the  pro- 
visions of  section  2235  and  the  subsequent  sections  thereto  as  found 
in  chapter  3,  division  7,  title  12  of  the  Revised  Statutes  of  this  state, 
in  so  far  as  the  same  are  applicable.  (88  v.  335.) 

(4002-27)  Sec.  40?.  [Additional  building  bonds.]  For  the  pur- 
poses specified  in  said  original  section  four  (4)  and  the  first  section 
supplemental  thereto,  section  40,  and  to  complete  the  carrying  out 
of  such  purposes,  and  paying  therefore,  said  board  of  trustees  is  hereby 
authorized  to  issue  and  sell  additional  bonds  to  an  amount  not  in 
excess  of  five  thousand  dollars  ($5,000.00)  ;  and  such  additional  bonds 
shall  be  issued  and  sold  and  their  proceeds  disposed  of  and  their 
payment  including  interest  provided  for,  in  all  respects  in  the  same 
manner  and  subject  to  the  same  conditions,  as  provided  in  said  sup- 
plemental section  40  for  the  bonds  to  mature  July  I,  1906,  and  there- 
after, except  that  those  hereby  authorized  shall  mature  July  I,  1912. 
(89  v.  419.) 

(4002-28)  Sec.  5.  [Library  to  be  free,  subject  to  reasonable  rules.] 
Every  library  and  reading  room  established  under  this  act,  shall  be  and 
remain  forever  free  to  the  use  of  the  inhabitants  of  such  city,  subject, 
however,  to  such  reasonable  rules  and  regulations  as  the  library  board 
may  find  and  deem  necessary  to  adopt  and  publish,  to  protect  and  pre- 
serve the  property  therein,  in  order  to  render  the  use  of  said  library 
and  reading  room  of  the  greatest  benefit  to  the  greatest  number ;  and 
said  board  may  exclude  and  cut  off  from  the  use  of  said  library  and 
reading  room,  any  and  all  persons  who  shall  wilfully  violate  any  of 
such  rules  and  regulations.  (1888,  April  12;  85  v.  209,  211;  Rev. 
Stat.  1880;  70  v.  142.) 

(4002-29)  Sec.  6.  [Annual  report  to  city  council.]  The  said 
board  of  trustees  shall  make  an  annual  report  to  the  city  council, 
stating  the  condition  of  their  trust,  the  various  sums  of  money  re- 
ceived from  the  library  fund,  and  from  other  sources,  and  how  much 
moneys  have  been  expended,  and  for  what  purpose;  the  number  of 
books  and  periodicals  on  hand ;  the  number  added  by  purchases,  gifts 
or  otherwise  during  the  year ;  the  number  lost  or  missing,  the  num- 
ber of  books  loaned  out,  and  the  general  character  and  kind  of  such 
books,  with  other  statistics,  information  and  suggestions  as  they  may 
deem  of  general  interest.  1888,  April  12;  85  v.  209,  211;  Rev.  Stat. 
1880;  70  v.  142.) 


84  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

(4002-30)  Sec.  7.  [Penalty  for  injuring  library  property.]  The 
city  council  of  such  city  shall  have  power  to  pass  ordinances  imposing 
suitable  penalties  for  the  punishment  of  any  and  all  persons  committing 
injury  upon  such  library  buildings,  grounds  or  other  property  thereof. 
(1888,  April  12;  85  v.  209,  211 ;  Rev.  Stat.  1880;  70  v.  142.) 

(4002-31  Sec.  8.  [Power  of  trustees  to  accept  donations,  etc.] 
Any  person  or  persons  desiring  to  make,  devise  or  bequest,  donation 
or  gift  of  either  books,  personal  property,  money  or  real  estate,  to 
and  for  the  use  and  benefit  of  such  library,  may  vest  the  same  or 
title  thereto  in  the  said  trustees  created  under  this  act ;  to  be  held 
and  controlled  by  said  board,  its  successors,  when  accepted,  accord- 
ing to  the  terms  of  such  devise,  bequest  or  deed  of  gift  of  such  prop- 
erty; and  as  to  such  property  the  said  board  of  trustees  shall  be 
held  and  considered  special  trustees  thereof.  (1888,  April  12;  85  v. 
209,  212;  Rev.  Stat.  1880;  70  v.  142.) 

IN    DAYTON. 

(4002-32)  Sec.  i.  [Dayton  Public  library  board;  election  of.]  In 
any  city  of  the  second  grade  of  the  second  class  the  city  board  of  educa- 
tion may  elect  by  ballot,  a  special  board  of  six  competent  persons,  res- 
idents and  electors  of  said  city  or  school  district,  to  be  called  the  library 
board,  which  board  shall  have  the  sole  custody,  control  and  manage- 
ment of  the  public  library  of  such  city  and  of  any  reading  rooms, 
branch  libraries  or  library  stations  by  said  library  board  established 
in  connection  with  such  public  library.  (89  v.  229;  84  v.  171.) 

(4002-33)  Sec.  2.  [Political  composition  of;  terms;  vote  re- 
quired to  elect.]  The  six  members  of  said  library  board  shall  be 
selected  equally  from  the  two  political  parties  having  the  largest 
representation  in  the  city  board  of  education  and  shall  be  elected 
as  follows:  Two  for  a  term  of  one  year,  two  for  a  term  of  two 
years  and  two  for  a  term  of  three  years,  one  member  from  each 
of  said  political  parties  to  be  elected  for  each  of  said  several  terms ; 
and  at  the  end  of  the  first  year  and  of  each  year  thereafter,  two 
members  of  said  library  board,  one  from  each  of  said  political  par- 
ties, shall  be  elected,  by  ballot,  by  said  board  of  education  for 
the  term  of  three  years.  It  shall  require  the  affirmative  vote  of 
a  majority  of  all  the  members  elected  to  said  board  of  education  to 
elect  the  members  of  said  library  board.  (89  v.  229;  84  v.  171.) 

(4002-34)  Sec.  3.  [Powers  and  duties.]  Said  library  board  shall 
have  power  over  and  the  exclusive  control  of  the  library  fund  herein- 
after provided  for,  and  of  the  expenditure  of  all  moneys  collected  to  the 
credit  thereof.  They  shall  have  power  to  establish  in  said  city  reading 


OHIO   SCHOOL   LAWS.  85 


School  Houses  and  Libraries.  Ch.  8. 

rooms,  branch  libraries  and  library  stations  in  connection  with  such 
public  library,  and  to  lease  and  furnish  such  rooms,  buildings  or  parts 
thereof  as  are  required  for  such  purposes,  and  to  pay  all  necessary  ex- 
penses connected  therewith.  They  shall  have  power  and  it  shall  be 
their  duty  to  purchase  and  pay  for  all  books,  periodicals,  magazines, 
and  other  literature,  and  supplies  necessary,  in  their  judgment,  for  said 
public  library,  reading  rooms,  branch  libraries  and  library  stations, 
and  to  incur  the  necessary  expenditures  for  the  encouragement  and 
advancement  of  the  best  use  of  such  public  library,  reading  rooms, 
branches  and  stations,  by  the  public ;  all  of  such  purchases,  payments 
and  expenditures  to  be  made  out  of  said  library  fund  hereinafter  pro- 
vided for.  They  shall  have  power  and  it  shall  be  their  duty  to  em- 
ploy a  librarian,  assistant  librarians,  janitors  and  other  necessary  as- 
sistants for  such  public  library,  reading  rooms,  branches  and  stations, 
to  fix  the  compensation  of  persons  so  employed  and  to  pay  same  out  of 
said  library  fund.  Said  library  board  may  fix  the  term  of  any  such 
persons  employed  by  them  for  any  period  not  to  exceed  one  year. 
(89  v.  229;  84  v.  171.) 

(4002-35)  Sec.  4.  [Expenses  of  library  for  ensuing  year.]  Said 
library  board  shall,  annually,  prior  to  the  annual  levy  of  taxes  made  by 
the  city  board  of  education,  report  and  certify  to  such  city  board  of 
education  a  statement  of  the  amount  by  said  library  board  deemed 
necessary  for  the  expenses  and  expenditures  of  such  library  board  for 
the  ensuing  fiscal  year;  and  said  city  board  of  education  shall  annually 
levy  a  tax  for  such  library  purposes  and  for  the  use  of  such  library 
board  for  such  purposes  for  such  ensuing  year  to  the  full  amount  so 
reported  and  certified  by  said  library  board ;  provided,  however,  that 
the  amount  so  levied  shall  not  exceed  the  amount  hereinafter  author- 
ized to  be  levied  for  such  purposes.  The  fiscal  year  of  said  library 
board  shall  be  the  same  as  that  of  the  board  of  education.  (89  v. 
229;  84  v.  171.) 

(4002-36)  Sec.  5.  [Tax  for  library  fund;  custodian;  disburse- 
ments and  balance.]  The  board  of  education  of  said  city  wherein  a 
library  board  exists  under  the  act  to  which  this  act  is  amendatory 
or  shall  hereafter  be  elected  under  this  act,  shall  have  the  power 
and  it  shall  be  the  duty  of  such  board  of  education  to  levy  annually 
for  such  public  library  purposes  a  tax  not  exceeding  four-tenths 
of  one  mill  on  the  dollar  of  the  city  valuation,  to  be  called  the 
library  fund,  which  levy  shall  be  certified  by  said  board  of  edu- 
cation to  the  county  auditor  of  the  county  in  which  said  city  is 
situate,  within  the  time  and  in  the  manner  fixed  .for  the  certifying 
of  other  levies  made  by  said  board  of  education ;  and  [which  levy 


OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

shall  be  by  said  auditor  placed  on  the  tax  duplicate  of  the  county] 
and  collected  as  other  taxes.  Such  levy  for  library  purposes  shall 
not  be  a  part  of  the  general  levy  authorized  to  be  made  by  such 
board  of  education  for  school  purposes.  The  money  realized  from 
said  levies  and  all  moneys  received  or  collected  by  the  trustees  for 
the  library,  shall  be  placed  in  the  treasury  of  the  county,  subject  to 
the  order  of  the  board  of  trustees  of  said  library.  Said  funds  shall 
be  kept  separate  and  apart  from  other  funds  and  the  treasurer  shall 
be  the  custodian  thereof,  and  no  money  shall  be  drawn  therefrom  ex- 
cept upon  the  requisition  of  the  board  of  trustees  of  the  library,  cer- 
tified by  the  president  and  secretary  of  said  board  and  directed  to 
said  county  treasurer.  Any  part  of  said  fund  unexpended  during 
any  year  shall  remain  to  the  credit  of  said  library  fund.  (94  v.  484; 
89  v.  229;  84  v.  171.) 

(4002-37)  Sec.  6.  [Provisions  governing  board.]  Said  library 
board  shall,  immediately  after  their  election  meet  and  organize 
by  the  election  of  a  president,  a  secretary  and  other  necessary  of- 
ficers from  their  number,  and  such  election  shall  be  held  annually 
thereafter.  Said  board  shall  make  and  adopt  such  by-laws,  rules 
and  regulations  for  their  own  government  and  guidance  and  for 
the  government  and  guidance  of  the  public  library,  reading  rooms, 
branch  libraries,  and  stations,  and  of  the  employes  of  said  board 
as  may  be  expedient  and  not  inconsistent  with  this  act,  and  said 
board  shall,  by  their  by-laws,  designate  the  officers  authorized  to 
draw  orders  upon  said  library  fund.  Any  public  library  now  estab- 
lished in  any  such  city  and  which  is  maintained  and  in  operation  under 
and  by  virtue  of  the  provisions  of  the  act  to  which  this  act  is  amenda- 
tory, and  the  existing  library  board  of  such  city  and  the  officers  there- 
of, shall  be  governed  by  the  provisions  of  this  act;  and  such  library 
board  shall  succeed  to  and  be  vested  with  all  the  rights,  powers  and 
privileges,  and  charged  with  all  the  duties  herein  granted  or  imposed ; 
and  the  members  of  such  existing  library  board  elected  thereto  by  the 
board  of  education  prior  to  the  taking  effect  of  this  act  shall  continue 
as  such  until  the  expiration  of  their  present  terms,  and  their  successors 
shall  be  elected  pursuant  to  the  provisions  hereof.  The  present  of- 
ficers of  such  existing  library  board  shall  continue  in  office  until  the 
expiration  of  their  present  terms  as  such  officers  or  until  a  vacancy 
occurs  therein  prior  to  such  expiration  when  their  successors  shall 
be  elected  pursuant  to  the  provisions  hereof.  Where  such  existing 
library  board  has  heretofore  reported  to  such  board  of  education  their 
estimate  of  the  expenses  of  such  library  for  the  current  year,  pursuant 
to  the  provisions  of  the  act  to  which  this  act  is  amendatory,  such  board 
of  education  shall  forthwith,  upon  the  taking  effect  of  this  act,  set 


OHIO   SCHOOL   LAWS.  87 


School  Houses  and  Libraries.  Ch.  8. 

apart  and  pay  over  to  the  said  county  treasurer  as  the  treasurer  of 
such  library  fund  the  unexpended  balance  of  the  appropriation  here- 
tofore made  by  such  board  of  education  for  such  library  expenses  for 
<he  current  year,  which  balance  shall  become  and  constitute  a  part 
of  said  library  fund  hereinbefore  provided  for  and  shall  be  expended 
by  said  library  board  for  the  maintenance,  management  and  expenses 
of  such  public  library,  reading  rooms,  branch  libraries  and  library 
stations,  for  the  remainder  of  such  current  year.  (89  v.  229 ;  84  v.  171.) 
(4002-38)  Sec.  i.  [Museum  may  be  established.]  In  any  city  of 
the  second  grade  of  the  second  class,  wherein  there  now  is  or  shall 
hereafter  be  a  public  library  of  such  city,  under  the  control,  custody  and 
management  of  a  library  board  established  pursuant  to  the  provisions 
of  an  act  entitled  "An  act  to  provide  for  competent  and  non-partisan 
public  library  boards  in  cities  of  the  second  class,  second  grade," 
passed  March  21,  1887  (O.  L.,  v.  84  p.  171),  and  of  acts  amendatory 
thereto,  such  library  board  shall  have  the  power,  and  is  hereby  author- 
ized to  establish  and  maintain,  in  connection  with  such  public  library, 
a  public  museum  for  the  benefit  of  the  public  of  such  city ;  and  such 
board  may  appropriate  and  expend,  out  of  the  amount  of  the  tax  levy 
heretofore  or  hereafter  annually  made  for  library  purposes  and  for  the 
use  of  such  board,  such  amounts  as  are  in  their  judgment  necessary 
for  the  establishment  and  maintenance  of  such  public  museum.  Such 
library  board  is  empowered  to  receive,  by  way  of  gift,  loan  or  purchase, 
specimens  and  collections  for  such  museum,  to  be  accepted  and  held 
by  such  board  and  their  successors  in  office,  in  trust  for  museum  pur- 
poses, and  under  such  conditions  and  regulations  as  they  may  from 
time  to  time  establish.  Such  library  board  may  make,  from  the  funds 
arising  from  such  tax  levy,  such  purchases  of  specimens  and  collections 
for  such  museum,  as  shall  not  impair  the  proper  and  sufficient  use  of 
such  funds  for  library  purposes.  (90  L.  L.,  377.) 

IN  SMALLER  CITIES  AND  VILLAGES.' 

(4002-39)  Sec.  i.  [Certain  cities  and  villages  may  have  libraries; 
tax.]  The  common  council  of  every  city  not  exceeding  in  population 
thirty  thousand  inhabitants  and  of  every  incorporated  village  shall 
have  power  to  establish  and  maintain  a  public  library  and  reading 
room,  and  for  such  purpose  may  annually  levy  and  cause  to  be  col- 
lected, as  other  general  taxes  are,  a  tax  not  exceeding  one  mill  on  each 
dollar  of  the  taxable  property  of  such  city  or  village,  to  constitute  the 
library  fund,  which  shall  be  kept  by  the  treasurer  separate  and  apart 
from  other  money  of  the  city  or  village,  and  be  used  exclusively  for 
the  purchase  of  books,  periodicals,  necessary  furniture  and  fixtures 
and  whatever  is  required  for  the  proper  maintenance  of  such  library 
and  reading  room.  (89  v.  98.) 


OHIO   SCHOOL  LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

(4002-40)  Sec.  2.  [Directors.]  For  the  government  of  such  li- 
brary and  reading  room  there  shall  be  a  board  of  six  directors,  ap- 
pointed by  the  council  of  such  city  or  village  from  among  the  citizens 
thereof  at  large,  and  not  more  than  one  member  of  the  council  of  such 
city  or  village  shall  at  any  one  time  be  a  member  of  said  board.  Such 
directors  shall  hold  their  office  for  three  years  from  the  date  of  ap- 
pointment, and  until  their  successors  are  appointed,  but  upon  their 
first  appointment  they  shall  divide  themselves  at  their  first  meeting 
by  lot  into  three  classes,  one-third  for  one  year,  one-third  for  two 
years,  and  one-third  for  three  years,  and  their  terms  shall  expire 
accordingly.  All  vacancies  shall  be  immediately  reported  by  the 
directors  to  the  proper  council,  and  be  filled  by  appointment  in  like 
manner;  and  if  an  unexpired  term,  for  the  residue  of  the  term  only. 
No  compensation  whatever  shall  be  paid  or  allowed  to  any  director. 
(89  v.  98.) 

(4002-41)  Sec.  3.  [Organization;  by-laws,  etc.;  control  of  ex- 
penditures; custody  of  building;  how  money  drawn  from  treasury; 
librarian  and  assistants.]  Said  directors  shall,  immediately  after 
their  appointment,  meet  and  organize  by  the  election  of  one  of  their 
number  president,  and  by  the  election  of  such  other  officers  as  they 
may  deem  necessary.  They  shall  make  and  adopt  such  by-laws, 
rules  and  regulations  for  their  own  guidance,  and  for  the  government 
of  the  library  and  reading  room,  as  may  be  expedient.  They  shall 
have  the  exclusive  control  of  the  expenditures  of  all  moneys  col- 
lected for  the  library  fund,  and  the  supervision,  care  and  custody 
of  the  rooms  or  buildings  constructed,  leased  or  set  apart  for  that 
purpose,  and  such  money  shall  be  drawn  from  the  treasury  by  the 
proper  officers,  upon  the  properly  authenticated  voucher  of  the  board 
of  directors,  without  otherwise  being  audited.  They  may,  with  the 
approval  of  the  common  council,  lease  and  occupy,  or  purchase,  or 
erect  on  purchased  ground,  an  appropriate  building,  provided  that 
no  more  than  half  the  income  in  any  one  year  can  be  set  apart 
in  said  year  for  such  purpose  or  building.  They  may  appoint  a 
librarian  and  assistants,  and  prescribe  rules  for  their  conduct.  (89 
v.o8.) 

(4002-42)  Sec.  4.  [Who  may  use  library.]  Every  library  and 
reading  room  established  under  this  chapter  shall  be  forever  free 
for  the  use  of  the  inhabitants  of  the  city  or  village  where  located, 
always  subject  to  such  reasonable  rules  and  regulations  as  the  library 
board  may  find  necessary  to  adopt  and  publish  in  order  to  ren- 
der the  use  of  said  library  and  reading  room  of  the  greatest  benefit 
to  the  greatest  number;  and  they  may  exclude  and  cut  off  from  the 


OHIO   SCHOOL   LAWS.  89 


School  Houses  and  Libraries.  Ch.  8. 

use  of  said  library  and  reading  room  any  and  all  persons  who  shall 
wilfully  violate  such  rules.  (89  v.  98.) 

(4002-43)  Sec.  5.  [Annual  report.]  The  said  board  of  directors 
shall  make  an  annual  report  to  such  council,  stating  the  condition  of 
their  trust — the  various  sums  of  money  received  from  the  library  fund, 
and  from  all  other  sources,  and  how  much  has  been  expended;  the 
number  of  books  and  periodicals  on  hand;  the  number  added  by 
purchase,  gift  or  otherwise  during  the  year;  the  number  lost  or 
missing,  the  number  of  books  loaned  out,  and  the  general  character 
and  kind  of  such  books,  with  such  other  statistics,  information  and 
suggestions  as  they  may  deem  of  general  interest.  (89  v.  98.) 

(4002-44)  Sec.  6.  [Donations.]  All  persons  desirous  of  making 
donations  of  money,  personal  property  or  real  estate,  for  the  benefit 
of  such  library,  shall  have  the  right  to  vest  the  title  of  the  same 
in  the  board  of  directors  created  under  this  law,  to  be  held  and  con- 
trolled by  said  board,  when  accepted  according  to  the  terms  of  the 
deed  of  gift,  devise  or  bequest  of  such  property,  and  as  to  such 
property  the  said  board  shall  be  held  and  considered  to  be  special 
trustees.  (89  v.  98.) 

(4002-45)  Sec.  7.  [Tax  to  assist  existing  library  association.] 
In  case  a  free  public  library  has  already  been  established  in  any 
city  or  incorporated  village,  and  duly  incorporated  and  organized, 
the  council  may  levy  a  tax  for  its  support  as  provided  in  this  act, 
without  change  in  the  organization  of  such  library  association,  and 
the  sum  so  raised  shall  be  paid  to  the  officer  or  officers  duly  author- 
ized to  receive  the  same,  and  shall  be  under  the  control  of  the  said 
library  association ;  provided,  that  if  at  any  time  such  library  associ- 
ation ceases  to  exist  or  from  any  reason  fails  to  provide  a  free  cir- 
culating library  as  required  by  the  provisions  of  this  act,  the  books 
and  other  property  accumulated  from  the  proceeds  of  the  levy  herein 
authorized  shall  become  the  property  of  the  city  or  village  and  be 
subject  to  the  control  of  the  council  as  herein  provided.  (89  v.  98.) 

(4002-40)  Sec.  i.  [Library  association  in  certain  cities;  levy.]  In 
any  city  of  the  fourth  grade  of  the  second  class,  and  in  which  city 
there  is  established  and  maintained  by  a  public  library  association 
duly  incorporated,  but  not  organized  for  profit,  a  public  library, 
free  to  all  the  inhabitants  of  such  city,  the  board  of  education  shall 
levy  or  cause  to  be  levied  an  annual  tax,  in  addition  if  need  be  to 
the  annual  amount  of  taxes  limited  by  law  for  school  purposes,  of 
not  less  than  three-tenths  and  not  to  exceed  five-tenths  of  a  mill 
on  all  the  taxable  property  within  such  city  and  school  district,  to 
be  called  "a  public  library  fund,"  which  shall  be  certified  to  the 


90  OHIO   SCHOOL  LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

county  auditor  of  the  county  and  placed  on  the  tax  duplicate  of  the 
county,  and  collected  as  other  taxes.     (93  v.  8.) 

(4002-47)  Sec.  2.  [Disposition  of  tax.]  Said  tax  when  so  levied 
and  collected  shall  be  paid  over  by  the  treasurer  of  the  board  of  edu- 
cation to  the  treasurer  of  said  library  association,  to  be  used  only 
in  the  purchase  of  books,  pamphlets,  magazines  or  newspapers,  and 
for  general  library  expenses  of  said  library  association.  (93  v.  8.) 

(4002-48)  Sec.  3.  [Library  association  to  render  account;  shall 
maintain  free  public  library;  city  shall  maintain  library  if  association 
cease  te  exist;  may  levy  tax.]  Said  board  of  education  shall  require 
said  library  association  to  render  an  account  as  often  as  it  shall  deem 
proper  of  all  taxes  so  received  by  it,  and  how  the  same  have  been 
expended.  Said  association  shall  keep  up  and  maintain  in  a  public 
place  in  such  city  a  public  library  free  to  all  the  inhabitants  thereof, 
and  to  all  persons  residing  within  said  school  district.  Provided,  fur- 
ther, that  if  said  public  library  association  shall  for  any  cause  cease 
to  exist  then  all  property  of  said  association,  real  and  personal,  shall 
immediately  become  vested  in  the  city  wherein  said  library  associ- 
ation is  established  and  maintained,  and  that  had  heretofore  been  taxed 
for  the  purpose  of  maintaining  the  same;  and  it  shall  become  the 
duty  of  said  city  or  municipality  to  have  the  charge  of  and  care 
of  such  property  in  the  same  manner  as  other  property  of  said  city, 
and  to  carry  out  the  educational  purposes  for  which  this  act  was 
originally  intended,  and  may,  if  occasion  require,  levy  taxes  for 
said  purposes  upon  the  personal  and  real  property  of  said  city,  and 
collect  the  same  as  other  taxes  are  now  levied  and  collected.  (93  v. 
9.  §  3  J  95  v.  417,  §  4002-48.) 

(4002-49)  Sec.  4.  [Tax  in  lieu  of  other  taxes.]  The  tax  so  levied 
shall  be  in  lieu  of  all  other  taxes  levied  for  school  library  purposes, 
and  no  other  levy  shall  be  made  for  such  purpose ; 

[Purchase  of  school  apparatus;  levy.]  Provided,  however,  that 
nothing  herein  shall  prohibit  the  board  of  education  from  purchasing 
all  necessary  philosophical  or  other  apparatus  for  the  schools  and 
making  necessary  levies  therefor.  (93  v.  9.) 

Sec.  4003.  [Consolidation  of  libraries  in  Portsmouth  authorized.) 
In  all  cities  which  at  the  last  federal  census  had,  or  at  any  subse- 
quent federal  census  may  have,  a  population  of  ten  thousand  five 
hundred  and  ninety-two,  it  shall  be  lawful  to  merge  any  public  library 
therein  heretofore  established  with  any  other  library  or  reading 
room  therein  existing;  but  the  library  formed  by  such  consolidation 
shall  be  kept  open  for  the  use  of  the  public  at  all  reasonable  hours 
(75  v.  54i,  §  1 5  76  v.  97,  §  i.) 


OHIO   SCHOOL   LAWS.  91 


School  Houses  and  Libraries.  Ch.  8. 

Sec.  4004.  [Board  of  Portsmouth  to  appoint  library  committee.] 
The  board  of  education  of  every  such  city  shall,  at  its  first  regular 
meeting  after  the  second  Monday  in  June,  1879,  elect  by  ballot 
three  suitable  persons,  residents  of  the  city,  but  other  than  mem- 
bers of  such  board,  who  shall  be  known  as  the  library  committee 
of  the  city,  one  to  serve  for  one  year,  one  for  two  years,  and  one  for 
three  years,  and  until  their  successors  are  duly  elected  and  qualified, 
and  shall,  annually  thereafter,  elect  in  like  manner  one  person  with 
the  same  qualifications  to  serve  for  three  years,  and  until  his  suc- 
cessor is  elected  and  qualified;  and  any  vacancy  in  such  committee 
shall  be  filled  for  the  unexpired  term  at  the  first  regular  meeting 
of  the  board  held  after  the  same  occurs.  (75  v.  541,  §  2 ;  76  v.  97,  §  2.) 

Sec.  4005.  [Powers  and  duties  of  such  committee.]  Such  com- 
mittee shall  report  in  writing  to  the  board  of  education  at  least 
once  each  year,  and  oftener  if  required  by  the  board,  and  shall  have 
entire  charge  and  control  of  the  school  library  in  the  city  with  full 
power  to  make  all  rules  and  regulations  for  the  government  and  reg- 
ulation thereof,  to  employ  a  librarian,  and  such  assistants  and  help 
as  may  be  needed  for  its  care  and  protection,  and  to  require  of  the 
librarian  such  bond  as  they  may  deem  proper  for  the  faithful  per- 
formance of  his  duties,  and  to  attend  to  the  drawing  and  return 
of  books ;  but  the  salary  of  such  librarian,  and  the  rate  of  compen- 
sation of  such  assistants  and  help,  shall  be  fixed  by  resolution  prior 
to  such  employment.  (76  v.  97,  §  3.) 

Sec.  4006.  [Powers  and  duties  of  library  committees  in  Ports- 
mouth.] For  the  purpose  of  increasing  and  maintaining  school 
libraries  in  cities  mentioned  in  section  four  thousand  and  three  of 
the  Revised  Statutes  of  Ohio,  and  the  territory  thereto  attached  for 
school  purposes,  such  library  committee  in  such  cities  is  authorized 
to  annually  levy  a  tax  of  three-tenths  of  one  mill  on  the  dollar  val- 
uation of  the  taxable  property  of  such  cities  aforesaid,  and  the  ter- 
ritory thereto  attached  for  school  purposes,  to  be  assessed,  collected 
and  paid  in  the  same  manner  as  are  the  school  taxes  of  such  cities, 
and  all  money  appropriated  or  collected  by  tax  for  such  library 
shall  be  expended  under  the  direction  of  said  library  committee  in 
the  purchase  of  such  books,  pamphlets,  papers,  magazines,  periodi- 
cals and  journals,  as  may  be  deemed  suitable  for  the  public  school 
library,  and  in  payment  of  all  other  costs  and  charges,  including 
the  salaries  of  the  librarian  and  assistants,  that  may  be  incurred 
in  maintaining  said  libraries,  the  bills  and  payrolls  for  which  said 
expenditures,  shall,  upon  the  order  of  the  library  committee,  be  cer- 
tified by  the  chairman  and  secretary  of  such  committee,  and  paid  by 


92  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

the  treasurer  of  the  board  of  education  of  said  city  from  such  library 
fund.  (92  v.  309;  78  v.  176;  Rev.  Stat.  1880;  75  v.  541,  §  2;  76  v. 
97,  §  40 

AN  ACT 

To  authorize  the  transfer  of  property  by  municipal  corporations  to  trustees 
of  libraries  of  school  districts,  and  the  acceptance  of  the  same,  and  other 
property,  for  library  purposes  by  said  trustees. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio: 

Sec.  i.  That  it  shall  be  lawful  for  any  municipal  corpora- 
tion in  this  state  to  transfer  by  ordinance  duly  passed,  any  property, 
real  or  personal,  acquired  or  suitable  for  library  purposes,  to  the 
trustees  of  any  public  library  for  the  school  district  within  which 
such  municipal  corporation  is  situate,  upon  such  lawful  terms  and 
conditions  as  may  be  agreed  to  between  said  municipal  corporation 
aijd  said  trustees. 

Sec.  2.  The  trustees  of  any  public  library  in  any  such  school 
district  are  hereby  authorized  and  empowered  to  receive  and  accept 
any  such  transfer,  and  to  receive  and  accept  from  any  other  source 
or  acquire  in  any  other  manner,  any  property,  real  or  personal, 
for  library  purposes,  and  use  and  apply  the  same  for  such  purposes, 
and  to  enter  into  any  contract  relating  thereto.  (Passed  April  20, 
1904.  Approved  April  21,  1904.) 


OHIO    SCHOOL   LAWS. 


93 


Schools  and   Attendance  Enforced. 


Ch.  9. 


CHAPTER  IX. 


SCHOOLS   AND   ATTENDANCE   ENFORCED. 


SECTION. 

4007.  Sufficient  elementary  schools  must 

be  provided;  number  of  weeks  to 
be  continued;  graded  course  of 
study  required. 

4007-1.      Elementary  school  defined. 

4007-2.     High  school  defined. 

4007-3.      College  defined. 

4007-4.  High  schools  classified;  first  grade; 
second  grade;  third  grade. 

4007-5.  Diploma  to  be  given  to  graduate 
of  high  school :  certificate  as  to 
grade  of  school;  admission 
without  examinatio(n  to  pro- 
fessional school;  exception;  who 
eligible  to  take  examination  for 
admission  to  bar  or  to  enter 
professional  school;  exception. 

4007-6.  Information  as  to  character  of 
high  school  to  be  furnished 
state  commissioner  of  common 
schools  by  clerk  of  board  of  ed- 
ucation ;  filed  when ;  certificate 
as  to  grade  of  school;  with- 
holding approval  of  curriculum; 
penalty  for  failure  to  give  in- 
formation required  by  this  sec- 
tion. 

4008.  Repealed. 

4009.  Any  board  of  education  may  es- 

tablish high  scnool;  discontin- 
uance thereof; 

4009-1.  Township  high  schools;  manage- 
ment and  control  thereof; 
school  houses,  etc.;,  admission 
of  pupils. 

4009-2.     Estimate  of  funds  needed. 

4009-3.      Repealed. 

4009-4.      Repealed. 

4009-5.      Repealed. 

4009-6.     Repealed. 

4009-7.      Repealed. 

4009-8.      Repealed. 

4009-9.      Repealed. 

4009-10.    Repealed. 

4»/u9-ll.    Repealed. 

4009-12.    Repealed. 

4009-13.    Repealed. 

4009-14.    Repealed. 

4009-15.  Joint  township  high  school ;  union 
of  township  and  village  or 
special  districts  for  high  school 
purposes;  elections;  control  of 
high  school;  funds  for  mainte- 
nance of  high  school. 

4009-16.  Repeal  of  former  laws  relating  to 
joint  township  and  union  high 
school  and  substituting  new 
law. 

4010.  Schools       at       children's       homes, 

orphans'  asylums  and  Infirm- 
aries; how  sustained;  to  be  un- 
der control  of  trustees  of  insti- 
tution. 


SECTION. 

401L  Youth  may  be  sent  to  charity 
school  at  Zanesville. 

4012.  Evening  schools. 

4012a.  Attendance  by  person  more  than 
twenty-one  years  old. 

4013.  Who     may     attend     school     free; 

crediting  school  tax  on  tuition 
of  non-resident  pupils;  assign- 
ment of  pupils. 

4014.  Suspension  and   expulsion  of  pu- 

pils. 

4015.  Legal    holdidays,    school   may  be 

dismissed  on. 
4015-1.     Arbor  Day. 

4016.  School  year,  month,  and  week. 

4017.  Control     of     schools     vested     in 

boards;  appointees;  salaries; 
salaries  of  teachers;  paid  dur- 
ing epidemic:  appointments  of 
former  teachers;  school  di- 
rector in  city  districts;  ap^ 
pointment;  power;  duties;  sal- 
ary; removal;  contract  with 
employes;  resignations;  dismis- 
sals. 

4017o.  Superintendents  and  teachers  in 
city  districts;  appointment  and 
term  of  office;  duties;  superin- 
tendent and  teachers  in  other 
districts;  appointment  and 
term  of  office;  duties. 

4018.  Teachers,   duties  of;   janitor  work 

not  required. 

4019.  Teachers  dismissed  for  insufficient 

cause  may  institute  suit. 

4020.  Repealed. 
4020-1.  Superseded. 
4020-2.  Superseded. 
4020-3.  Superseded. 
4020-4.  Superseded. 
4020-5.  Superseded. 
4020-6.  Superseded. 
4020-7.  Superseded. 
4020-8.  Superseded. 
4020-9.  Superseded. 

4020-10.    Filing   and    preservation    of    cop- 
ies and   prices  of  school  books. 
4020-11.    Maximum    price;    notification    of 

publisher. 

4020-12.    Notices    to    boards;    legality    de- 
pendent on  compliance. 
4020-13.    Procedure      upon      violation      otf 

agreement    by    publisher. 
4020-14.    Studies,   etc.;   shipment  of  books, 

etc.;    sale    to   pupils;    purchase 

from    pupils;    free    books. 
4020-15.    Purchase    of    Howe's    Historical 

Collections        of        Ohio        for 

schools;    payment. 

4020-16.    Care    and    preservation    of  books. 
4020-17.    Physical      culture      in      schools; 

where. 


94 


OHIO   SCHOOL   LAWS. 


Ch.  9. 


Schools  and   Attendance  Enforced. 


SECTION. 

4020-18.  Manual  training:  departments, 
commercial  departments  and 
kindergartens  authorized. 

4020-19.    Repealed. 

4020-20.    Repealed. 

4020-21.    Repealed. 

4020-22.    Repealed. 

4020-23.  Instruction  as  to  effect  of  alco- 
holic drinks  on  the  human  sys- 
tem, required  in  public  schools; 
provisions  therefor. 

4020-24.  Instruction  of  teachers;  exami- 
nation of  teachers  required ; 
duty  of  commissioner  of  com- 
mon schools. 

4020-25.  Penalty  for  failure  to  give  such 
instruction. 

4021.  German    language    taught,    how. 

4022.  Pupils  may  be  sent  from  one  dis- 

trict to  another. 

4022o.  Attendance  when  pupils  live  over 
one  and  one-half  miles  from 
school;  payment  of  tuition, 
how  computed. 

4022-1.  In  what  branches  children  must 
be  taught;  necessary  time  of 
attendance;  excuse;  appeal  In 
case  of  refusal  to  excuse; 
penalty  for  failure  to  place 
child  in  school  as  herein  pro- 
vided. 

4022-2.  Employment  of  children  under 
age  of  sixteen  years;  when 
unlawful;  penalty. 

4022-3.  Attendance  of  minors  in  certain 
oases;  employment  of  such 
minors;  penalty. 

4022-4.      Juvenile    disorderly    persons. 

4022-5.  Truant  officers;  powers  and  du- 
ties. 


SECTION. 

4022-6.      Report  of  principal  and  teachers. 

4022-7.  Proceedings  in  case  of  truancy; 
penalties. 

4022-8.  Proceedings  against  juvenile  dis- 
orderly persons. 

4022-9.  Relief  to  enable  child  to  attend 
school  required  time. 

4022-10.  As  to  institution  for  deaf  and 
dumb  or  institution  for  the 
blind. 

4022-11.  Penalties;  jurisdiction;  violations 
by  corporations;  disposition  of 
fines  collected;  employment  of 
attorney;  compensation. 

4022-12.    Repeated   violations. 

4022-13.  Sufficient  school  accommodations 
to  be  provided. 

4022-14.  Costs  in  prosecution  under  this 
act. 

4023.  Repealed. 

4024.  Repealed. 

4025.  Repealed. 

4026.  Free  school  books. 

4027.  Repealed. 

4028.  Repealed. 

4029.  Repealed. 

4029-1.  Examination  for  entering  high 
school;  number  of  examina- 
tions; when  and  where;  prepa- 
ration of  questions;  township 
commencement;  county  com- 
mencement; diploma* 

4029-2.  Compensation  of  examiners  and 
contingent  expenses. 

4029-3.     Tuition. 

4029-4.  What  shall  constitute  a  high 
school. 


Sec.  4007.  [Sufficient  elementary  schools  must  be  provided; 
number  of  weeks  to  be  continued ;  graded  course  of  study  required.  | 
Each  board  of  education  shall  establish  a  sufficient  number  of  ele- 
mentary schools  to  provide  for  the  free  education  of  the  youth  of 
school  age  within  the  district  under  its  control,  at  such  places  as  \\ill 
be  most  convenient  for  the  attendance  of  the  largest  number  of  such 
youth,  and  shall  continue  each  and  every  elementary  day  school  so 
established  not  less  than  thirty-two  nor  more  than  forty  weeks 
in  each  school  year,  and  all  the  elementary  schools  within  the  same 
school  district  shall  be  continued  the  same  length  of  time.  And 
boards  of  education  are  required  to  prescribe  a  graded  course  of 
study  for  all  schools  under  their  control  in  the  branches  named  in 
section  4007-1  of  the  Revised  Statutes  of  Ohio,  subject  to  the  ap- 
proval of  the  state  commissioner  of  common  schools.  Each  town- 
ship board  of  education  shall  establish  and  maintain  at  least  one 
elementary  school  in  each  sub-district  under  its  control,  unless  trans- 
portation is  furnished  to  the  pupils  thereof  as  provided  by  law. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4007-1.  [Elementary  school  defined.]  An  elementary  school 
is  hereby  defined  as  a  school  in  which  instruction  and  training  are 


OHIO   SCHOOL   LAWS.  95 


Schools  and  Attendance  Enforced.  Ch.  9. 

given  in  spelling,  reading,  writing,  arithmetic,  English  language,  Eng- 
lish grammar  and  composition,  geography,  history  of  the  United 
States,  including  civil  government,  physiology  and  hygiene ;  but  noth- 
ing herein  contained  shall  be  construed  as  abridging  the  power  of 
boards  of  education  to  cause  instruction  and  training  to  be  given  in 
vocal  music,  drawing,  elementary  algebra,  the  elements  of  agricul- 
ture and  other  branches  which  they  may  deem  advisable  for  the  best 
interests  of  the  schools  under  their  charge.  (Passed  and  approved 
April  25,  1904.) 

Sec.  4007-2.  [High  school  defined.]  A  high  school  is  here- 
by denned  as  a  school  of  higher  grade  than  an  elementary  school, 
in  which  instruction  and  training  are  given  in  approved  courses  in 
the  history  of  the  United  States  and  other  countries;  composition, 
rhetoric,  English  and  American  literature;  algebra  and  geometry; 
natural  science,  political  or  mental  science,  ancient  or  modern  for- 
eign languages,  or  both,  commercial  and  industrial  branches,  or  such 
of  the  above  named  branches  as  the  length  of  its  curriculum  may 
make  possible,  and  such  other  branches  of  higher  grade  than  those 
to  be  taught  in  the  elementary  schools,  and  such  advanced  studies 
and  advanced  reviews  of  the  common  branches  as  the  board  of  ed- 
ucation may  direct.  (95  v.  115.) 

Sec.  4007-3.  [College  defined.]  A  college  is  hereby  denned  as 
a  school  of  a  higher  grade  than  a  high  school,  in  which  instruction 
in  the  high  school  branches  is  carried  beyond  the  scope  of  the  high 
school  and  other  advanced ,  studies  are  pursued,  or  a  school  in 
which  special,  technical  or  professional  studies  are  pursued,  and 
which  may,  when  legally  organized,  have  the  right  to  confer  degrees 
in  agreement  with  the  terms  of  the  law  regulating  its  practices  or 
its  charter;  or  in  the  want  of  legislative  direction,  in  agreement  with 
the  practices  of  the  better  institutions  of  learning  of  their  respec- 
tive kinds  in  the  United  States.  (95  v.  115.) 

Sec.  4007-4.  [High  schools  classified.]  The  high  schools  of  the 
state  of  Ohio  shall  be  classified  into  schools  of  the  first,  second,  and 
third  grades ;  and  all  courses  of  study  offered  in  such  high  schools 
shall  be  in  branches  enumerated  in  section  4007-2  of  the  Revised 
Statutes  of  Ohio. 

[First  grade.]  A  high  school  of  the  first  grade  shall  be  a  school 
in  which  the  courses  offered  shall  cover  a  period  of  not  less  than 
four  years,  of  not  less  than  thirty-two  -weeks  each,  in  which  not  less 
than  sixteen  courses  shall  be  required  for  graduation; 

[Second  grade.]  A  high  school  of  the  second  grade  shall  cover 
a  period  of  not  less  than  three  years,  of  not  less  than  thirty-two 


96  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and   Attendance   Enforced. 

weeks  each,  in  which  not  less  than  twelve  courses  of  study  shall  be 
required  for  graduation ; 

[Third  grade.]  A  high  school  of  the  third  grade  shall  cover 
a  period  of  not  less  than  two  years,  of  not  less  than  twenty-eight 
weeks  each,  in  which  not  less  than  eight  courses  of  study  shall  be 
required  for  graduation,  and  all  public  schools  of  a  less  grade  shall 
be  denominated  as  elementary  schools.  A  course  of  study  shall  con- 
sist of  not  less  than  four  recitations  a  week  continued  throughout 
the  school  year.  (95  v.  116.) 

Sec.  4007-5.  [Diploma  to  be  given  to  graduate  of  high  school.] 
A  diploma  shall  be  granted  by  the  board  of  education  to  any  one 
completing  the  curriculum  in  any  high  school,  which  diploma  shall 
state  the  grade  of  the  high  school  issuing  the  said  diploma  as  cer- 
tified by  the  state  commissioner  of  common  schools,  and  shall  be 
signed  by  the  president  and  clerk  of  the  board  of  education,  the 
superintendent  and  the  principal  of  the  high  school,  if  such  there 
be,  and  shall  bear  the  date  of  its  issue. 

[Certificate  as  to  grade  of  school.]  A  certificate  shall  also  be 
issued  to  the  holder  of  each  diploma  in  which  shall  be  stated  the 
grade  of  the  high  school,  the  names  and  extent  of  the  studies  pursued 
and  the  length  of  time  given  to  each  said  study  to  be  certified  to  in 
the  same  manner  as  set  forth  for  a  diploma. 

[Admission  without  examination  to  professional  school;  ex- 
ception.] And  any  holder  of  a  diploma  from  a  high  school  of  the  first 
grade  shall  be  entitled  to  a  certificate  of  admission  without  examina- 
tion to  any  college  of  law,  medicine,  dentistry,  or  pharmacy  in  the 
state  of  Ohio,  when  the  holder  thereof  shall  have  completed  such 
courses  in  science  and  language  as  shall  be  prescribed  by  the  legally 
constituted  authorities  regulating  the  entrance  requirements  of  said 
college;  except  such  privately  endowed  institutions  which  may  re- 
quire a  higher  standard  for  entrance  examinations  than  herein  pro- 
vided. 

[Who  eligible  to  take  examination  for  admission  to  bar  or  to  enter 
professional  school;  exception.]  And  any  holder  of  a  diploma  from 
any  grade  of  high  school  or  of  a  teacher's  certificate  from  a  county  or 
city  board  of  teachers'  examiners,  when  such  holder  has  pursued  his 
studies  under  private  tutorage  or  in  an  office  shall  be  eligible  to  take 
the  examination  for  admission  to  the  practice  of  law  or  to  take  the 
examination  prescribed  to  enter  a  college  of  law,  medicine,  dentistry 
or  pharmacy ;  except  such  privately  endowed  institutions  which  may 
require  a  higher  standard  for  entrance  examinations  than  herein 
provided.  (95  v.  116.) 


OHIO   SCHOOL  LAWS.  97 


Schools  and  Attendance  Enforced.  Ch.  9. 

Sec.  4007-6.  [Information  as  to  character  of  high  school  to  be 
furnished  state  commissioner  of  common  schools  by  clerk  of  board 
of  education.]  It  shall  be  the  duty  of  the  clerk  of  the  board  of  ed- 
ucation of  each  district  in  which  a  high  school  is  established  and  main- 
tained to  furnish  to  the  state  commissioner  of  common  schools  def- 
inite and  accurate  information  concerning  the  length  of  time  neces- 
sary for  the  completion  of  the  high  school  curriculum  or  curriculums, 
the  courses  of  instruction  offered  therein,  and  such  other  information 
as  said  commissioner  may  require  in  relation  to  the  high  school  work 
of  the  district,  and  in  the  form  and  manner  he  may  prescribe. 

[Filed  when.]  Said  information  shall  be  filed  not  later  than  the 
first  day  of  September,  1902,  and  as  high  schools  are  hereafter  estab- 
lished or  any  changes  made  in  curriculums,  such  establishment  or 
changes  with  full  information  must  be  immediately  reported  as  above 
provided. 

[Certificate  as  to  grade  of  school;  withholding  approval  of  curri- 
culum.] And  it  shall  be  the  duty  of  the  said  state  commissioner  of 
common  schools,  upon  examination  of  the  information  thus  filed,  or 
after  personal  inspection  of  work  done  if  he  shall  deem  the  same  ad- 
visable, or  both,  to  determine  the  grade  of  each  such  high  school  and 
to  certify,  under  the  seal  of  his  office,  to  the  clerk  of  the  board  of 
education  his  finding  as  to  the  grade  of  the  high  school  maintained 
by  such  board  of  education.  The  said  commissioner  is  also  authorized 
to  withhold  his  approval  of  any  curriculum,  when  it  shall  appear  to 
him  that  the  same  does  not  comply  with  the  legal  and  reasonable 
requirements,  and  when  it  shall  appear  that  any  curriculum,  which 
has  already  been  approved,  has  been  so  modified  as  to  change  the 
grade  of  the  high  school,  either  by  advancing  or  reducing  the  grade 
thereof,  he  shall  certify  his  finding,  and  all  diplomas  issued  thereafter 
shall  bear  the  grade  so  designated  by  him. 

[Penalty  for  failure  to  give  information  required  by  this  section.] 
And  after  the  first  day  of  February,  1903,  no  school  then  maintained 
shall  be  considered  a  high  school  that  has  not  furnished  the  informa- 
tion and  received  the  certificate  as  provided  above  and  shall  not  be 
entitled  to  the  privileges  and  exceptions  provided  by  law  for  high 
schools..  (95  v.  117.) 

Sec.  4008.       Repealed  February  22,  1887. 

Sec.  4009.  [Any  board  of  education  may  establish  a  high  school.] 
Any  board  of  education  may  establish  one  or  more  high  schools, 
whenever  it  deems  the  establishment  of  such  school  or  schools  proper 
or  necessary  for  the  convenience  or  progress  of  the  pupils  attending 

7— S.  L. 


98  OHIO  SCHOOL  LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

the  same,  or  for  the  conduct  and  welfare  of  the  educational  interests 
of  the  district, 

[Discontinuance  thereof.]  and  such  school  or  schools,  when 
so  established,  shall  not  be  discontinued  under  three  years  from 
the  time  of  the  establishment  thereof,  except  by  a  vote  of  three- 
fourths  of  all  the  members  of  the  board  of  education  of  the  district, 
and  at  a  regular  meeting.  (75  v.  513,  §  50;  R.  S.  of  1880;  79  v.  37; 
95  v.  117.) 

Sec.  4009-1.  [Township  high  schools;  management  and  control 
thereof.]  Whenever  a  township  board  of  education  establishes  and 
maintains  a  high  school  or  high  schools  within  the  district  under  its 
control,  it  shall  have  the  management  and  control  of  such  school  or 
schools  with  full  power  in  respect  to  such  school  or  schools  to  employ 
and  dismiss  teachers,  and  to  give  certificates  of  such  employment, 
and  for  services  rendered,  directed  to  the  township  clerk. 

[Schoolhouses,  etc.]  And  the  township  board  of  education  shall 
build,  repair,  add  to  and  furnish  the  necessary  schoolhouses,  purchase 
or  lease  sites  therefor,  or  rent  suitable  rooms,  and  make  all  other 
necessary  provisions  relative  to  such  schools  as  may  be  deemed  proper. 

[Admission  of  pupils.]  Said  board  of  education  shall  have  full 
power  to  regulate  and  control  the  admission  of  pupils  from  the  ele- 
mentary schools  underwits  charge  to  such  high  school  or  high  schools, 
according  to  age  and  attainments,  and  may  admit  adults  over  twenty- 
one  years  of  age,  and  pupils  from  other  districts  on  such  terms  and 
under  such  rules  as  it  may  adopt,  and  shall  maintain  such  high  school 
or  high  schools  not  less  than  twenty-eight  nor  more  than  forty  weeks 
in  any  school  year.  (88  v.  484,  §  I ;  95  v.  117,  §  4009-1.) 

Sec.  4009-2.  [Estimate  of  funds  needed.]  In  townships  where 
a  high  school  or  high  schools  are  established,  or  may  be  established, 
by  the  township  board  of  education,  the  board  shall  annually  deter- 
mine by  estimate,  as  near  as  practicable,  the  entire  amount  of  money 
necessary  to  be  expended  in  the  township  for  school  and  schoolhouse 
purposes,  including  the  sustaining  of  teachers  in  such  high  schools, 
the  prolonging  of  the  terms  of  the  several  elementary  schools  of  the 
township  after  the  state  funds  shall  have  been  exhausted,  the  erecting, 
repairing  and  furnishing  of  schoolhouses,  and  any  other  school  pur- 
poses not  exceeding  in  any  one  year  ten  mills  on  the  Collar  of  the  tax- 
able property  of  the  township,  which  amount  shall  be  certified  in 
writing  to  the  county  auditor,  as  required  by  section  3960  of  the  Re- 
vised Statutes  of  Ohio.  (88  v.  484,  §  2 ;  95  v.  1 17,  §  4009-2.) 

Sec.  4009-3.       Repealed  April  25,  1904. 

Sec.  4009-4.       Repealed  April  25,  1904. 


OHIO    SCHOOL   LAWS.  99 


Schools  and   Attendance  Enforced.  Ch.  9. 


Sec.  4009-5.       Repealed  April  25,  1904. 

Sec.  4009-6.       Repealed  April  25,  1904. 

Sec.  4009-7.       Repealed  April  25,  1904. 

Sec.  4009-8.       Repealed  April  25,  1904. 

Sec.  4009-9.       Repealed  April  25,  1904. 

Sec.  4009-10.     Repealed  April  25,  1904. 

Sec.  4009-11.     Repealed  April  25,  1904. 

Sec.  4009-12.     Repealed  April  25,  1904. 

Sec.  4009-13.     Repealed  April  25,  1904. 

Sec.  4009-14.     Repealed  April  25,  1904. 

(4009-15)  Sec.  i.  [Joint  township  high  schools;  union  of  town- 
ship and  village  or  special  districts  for  high  school  purposes ;  elections ; 
control  of  high  school;  funds  for  maintenance  of  high  school.]  The 
boards  of  education  of  two  adjoining  township  school  districts,  or 
of  a  township  district  and  of  a  village  or  special  school  district  situated 
partially  or  wholly  within  the  township,  may,  by  a  majority  vote  of 
the  full  membership  of  each  of  said  boards,  unite  said  districts  for 
high  school  purposes  and  each  board  may  submit  the  question  of 
levying  a  tax  on  the  property  in  their  respective  districts,  for  the  pur- 
pose of  purchasing  a  site  and  erecting  a  building,  and  may  issue  bonds, 
as  is  provided  for  in  sections  thirty-nine  hundred  and  sixty-one, 
thirty-nine  hundred  and  sixty-two  and  thirty-nine  hundred  and  sixty- 
three  of  the  Revised  Statutes  of  Ohio,  but  said  question  of  tax  levy 
must  carry  in  both  districts  before  it  shall  become  operative  in  either. 
If  said  boards  of  education  have  sufficient  money  in  the  treasury  to 
purchase  said  site  and  erect  said  building,  or  if  there  is  a  suitable  build- 
ing in  either  district  owned  by  the  board  of  education  that  can  be  used 
for  a  high  school  building,  it  shall  not  be  necessary  to  submit  the 
proposition  to  a  vote,  and  the  boards  are  authorized  to  appropriate 
money  from  their  funds  for  this  purpose.  Any  high  school  so  estab- 
lished shall  be  under  the  management  of  the  board  of  education  of 
the  district;  in  which  the  school  house  is  located,  and  shall  be  free 
to  all  youth  of  school  age  within  both  districts,  subject  to  such  rules 
and  regulations  as  may  be  adopted  by  the  board  of  education  having 
control  of  the  school  in  regard  to  the  qualifications  in  scholarship 
requisite  for  admission,  such  rules  and  regulations  to  be  of  uniform 
operation  throughout  both  districts.  The  funds  for  the  maintenance 
and  support  of  such  high  school  shall  be  provided  by  appropriations 
from  the  tuition  or  contingent  funds,  or  both,  of  each  district,  in  pro- 
portion to  the  total  valuation  of  property  in  the  respective  districts, 
the  same  to  be  placed  in  a  separate  fund  in  the  treasury  of  the  board 


100  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and   Attendance  Enforced. 

of  education  having  control  of  the  school  and  paid  out  by  action  of 
said  board,  but  only  for  the  purposes  of  maintaining  said  school. 
(Passed  and  approved  April  25,  1904.) 

(4009-16)  Sec.  2.  [Repeal  of  former  laws  relating  to  joint 
township  and  union  high  schools  and  substituting  new  law.] Joint 
township  high  school  districts  heretofore  established  as  provided 
for  in  section  4009-15  to  4009-20  inclusive,  of  the  Revised  Stat- 
utes of  Ohio,  as  they  existed  prior  to  the  passage  of  this  act,  are 
hereby  abolished  and  the  schools  in  said  districts  shall  be  hereafter 
conducted  as  prov  ued  in  section  4009-15  of  the  Revised  Statutes  of 
Ohio,  as  contained  herein.  Boards  of  education  of  special  districts  for 
high  school  purposes,  as  provided  in  section  40096  of  the  Revised 
Statutes  of  Ohio,  as  it  existed  prior  to  the  passage  of  this  act,  are  here- 
by abolished  and  the  high  schools  in  said  district  shall  hereafter  be 
conducted  and  maintained  as  provided  in  section  4009-15  of  the  Re- 
vised Statutes  of  Uhio  as  herein  contained.  (Passed  and  approved 
April  25,  1904.) 

Sec.  4010.  [Schools  at  children's  homes,  orphans'  asylums  and 
infirmaries;  how  sustained;  to  be  under  control  of  trustees  of  in- 
stitution.] The  board  of  any  district  in  which  a  children's  home  or  or- 
phans' asylum  is  or  may  be  established  by  law,  or  in  which  a  county 
infirmary  is  or  may  be  established,  shall,  when  requested  by  the 
board  of  trustees  of  such  children's  home,  orphans'  asylum  or  the 
directors  of  such  infirmary,  establish  in  such  home,  asylum  or  in- 
firmary a  separate  school,  so  as  to  afford  to  the  children  therein,  as 
far  as  practicable  the  advantages  and  privileges  of  a  common  school 
education ;  such  schools  at  infirmaries  shall  be  continued  in  operation 
each  year  until  the  full  share  of  all  the  school  funds  of  the  district  be- 
longing to  such  children,  on  the  basis  of  the  enumeration,  is  expended, 
and  at  such  homes  and  asylums  not  less  than  forty-four  weeks,  if 
the  distributive  share  of  school  funds  to  which  such  school  at  any 
such  home  or  asylum  is  entitled  by  the  enumeration  of  children  in 
the  institution  is  not  sufficient  to  continue  the  schools  the  length  of 
time  hereby  required,  the  deficiency  shall  be  paid  out  of  the  funds  of 
the  institution ;  all  schools  so  established  in  any  such  home,  asylum 
or  infirmary,  shall  be  under  the  control  and  management  of  the  re- 
spective boards  of  trustees  or  directors  of  such  institution,  which 
boards  of  trustees  or  directors  shall,  in  the  control  and  management 
of  such  schools,  as  far  as  practicable,  be  subject  to  th'e  same  laws 
that  boards  of  education  and  other  school  officers  are  who  have 
charge  of  the  common  schools  of  such  district;  in  the  establishment 
of  such  schools  the  commissioners  of  the  county  in  which  such 
children's  home,  orphans'  asylum  or  county  infirmary  is  established, 


OHIO   SCHOOL  LAWS.  101 


Schools  and  Attendance  Enforced.  Ch.  9. 

shall  provide  the  necessary  school  room  or  rooms,  furniture,  fuel, 
apparatus  and  books,  the  cost  of  which  furniture,  fuel,  apparatus 
and  books  for  the  schools  of  such  homes,  infirmaries  and  asylums, 
shall  be  paid  out  of  the  funds  provided  for  such  institutions;  and 
the  board  of  education  shall  incur  no  expense  in  supporting  such 
schools.  (1883,  April  19;  80  v.  217;  Rev.  Stat.  1880;  75  v.  513,  §  50; 
76  v.  75,  §  i.) 

Sec.  4011.  [Youth  may  be  sent  to  charity  school  at  Zanesville.] 
The  board  of  education  of  the  city  of  Zanesville  may  contract  with  the 
trustees  having  the  management  of  any  fund  which  has  been  provided 
by  gift,  devise,  or  bequest  .for  the  establishment  or  support  of  a  school 
or  schools  for  poor  children  therein,  for  the  admission  to  any  such 
school  of  children  resident  in  the  city,  and  pay  to  such  trustees  out 
of  the  school  funds  under  its  control,  such  tuition  fee  as  may  be  agreed 
upon  for  each  scholar  so  admitted,  but  not  entitled  to  admission  ac- 
cording to  the  terms  of  such  gift,  devise  or  bequest,  and  also  pro- 
vide for  such  right  of  visitation  or  control  of  such  school  or  schools 
by  the  board  as  may  be  agreed  upon ;  such  school  or  schools  shall  be 
kept  at  the  least  equal  in  grade  and  efficiency  to  the  corresponding 
public  schools  of  the  state,  and  every  such  contract  shall  expire  in 
three  years  from  the  time  of  its  execution,  unless  renewed  or  extended 
by  agreement ;  but  this  section  shall  in  no  manner  apply  to  any  school 
or  schools  supported  or  controlled  by  any  church,  congregation,  sect 
or  religious  denomination  or  association  of  any  kind.  (75  v.  530, 
§  I-) 

Sec.  4012.  [Evening  schools.]  In  any  township,  special,  village, 
or  city  district,  or  part  thereof,  parents  or  guardians  of  youth  of  school 
age  may  petition  the  board  of  education  to  organize  an  evening  school. 
The  petition  shaa  c  ntain  the  names  of  not  less  than  twenty-five  youth 
of  school  age  who  will  attend  such  school,  and  who  for  reasons  satis- 
factory to  the  board  are  prevented  from  attending  day  school.  Upon 
receiving  such  petition  the  board  of  education  shall  provide  and  fur- 
nish a  suitable  room  for  the  evening  school  and  employ  a  competent 
person  who  holds  a  regularly  issued  teacher's  certificate,  to  teach  it. 
Such  board  may  discontinue  any  such  evening  school,  when  the  aver- 
age evening  attendance  for  any  month  falls  below  twelve.  (90  v.  116; 
72  v.  29,  §  51;  S.  &  C.  1359.) 

Sec.  40120.  [Attendance  by  persons  more  than  twenty-one  years 
old.]  Any  person  more  than  twenty-one  years  old  may  be  permitted 
to  attend  evening  school  upon  such  terms  and  upon  payment  of  such 
tuition  as  the  board  of  education  may  prescribe.  (90  v.  117.) 

Sec.  4013.  [Who  may  attend  school  free;  crediting  school  tax  on 
tuition  of  non-resident  pupils;  assignment  of  pupils.]  The  schools 


1C2  OHIO  SCHOOL  LAWS. 


Ch.  9.  Schools   and   Attendance   Enforced. 

of  each  district  shall  be  free  to  all  youth  between  six  and  twenty-one 
years  of  age,  who  are  children,  wards  or  apprentices  of  actual  residents 
of  the  district,  including  children  of  proper  age  who  are  or  may  -be 
inmates  of  a  county  or  district  children's  home  located  in  any  such 
school  district,  at  the  discretion  of  the  board  of  education  of  said 
school  district ;  provided  that  all  youth  of  school  age  living  apart  from 
their  parents  or  guardians  and  who  work  to  support  themselves  by 
their  own  labor,  shall  be  entitled  to  attend  school  free  in  the  district 
in  which  they  are  employed.  Each  board  of  education  may  admit 
other  persons  upon  such  terms  or  upon  the  payment  of  such  tuition 
as  it  may  prescribe;  provided,  that  when  a  youth  between  the  age  of 
six  and  twenty-one  years  or  the  parent  of  such  youth  owns  property 
in  a  school  district  in  which  he  does  not  reside  and  said  youth 
attends  the  schools  of  said  district,  the  amount  of  school  tax  paid  on 
such  property  shall  be  credited  on  the  tuition  of  said  pupil.  Boards 
of  education  are  authorized  to  make  such  an  assignment  of  the  youth 
of  their  respective  districts  to  the  schools  established  by  them  as  will 
in  their  opinion  best  promote  the  interests  of  education  in  their 
districts.  (Passed  and  approved  April  25,  1904.) 

Sec.  4014.  [Suspension  and  expulsion  of  pupils.]  No  pupil  shall 
be  suspended  from  school  by  a  superintendent  or  teacher  except  for 
such  time  as  may  be  necessary  to  convene  the  board  of  education,  and 
no  pupil  shall  be  expelled  except  by  a  vote  of  two-thirds  of  such  board, 
and  not  until  the  parent  or  guardian  of  the  offending  pupil  has  been 
notified  of  the  proposed  expulsion,  and  permitted  to  be  heard  against 
the  same ;  and  no  pupil  shall  be  suspended  or  expelled  from  any  school 
beyond  the  current  term  thereof.  (89  v.  96;  70  v.  195,  §  71.) 

Sec.  4015.  [Legal  holidays;  school  may  be  dismissed  on.] 
Teachers  employed  in  the  public  schools  may  dismiss  their  schools, 
without  forfeiture  of  pay,  on  the  first  day  of  January,  the  twenty- 
second  day  of  February,  the  thirtieth  day  of  May,  the  fourth  day  of 
July,  the  first  Monday  in  September,  the  twenty-fifth  day  of  December, 
and  on  the  day  set  apart  by  proclamation  of  the  President  of  the 
United  States  or  Governor  of  this  state  as  a  day  of  fast,  thanksgiving 
or  mourning.  (Passed  and  approved  April  25,  1904.) 

(4015-1)  Sec.  i.  [Arbor  day.]  That  the  governor  of  said  state 
shall,  not  later  than  April  appoint  and  set  apart  one  day  in  the  spring 
season  of  each  year,  as  the  day  on  which  those  in  charge  of  the  public 
schools  and  institutions  of  learning  under  state  control,  or  state 
patronage,  shall,  for  at  least  two  hours,  give  information  to  the  pupils 
and  students  concerning  the  value  and  interest  of  forestry,  and  the 
duty  of  the  public  to  protect  the  birds  thereof,  and  also  for  planting 


OHIO   SCHOOL   LAWS.  103 


Schools  and  Attendance  Enforced.  Ch.  9. 

forest  trees.  Said  day  shall  be  known  as  Arbor  day.  (79  v.  243 ; 
95  v.  38.) 

Sec.  4016.  [School  year,  month,  and  week.]  The  school  year 
shall  begin  on  the  first  day  of  September  of  each  year,  and  close  on 
the  thirty-first  day  of  August  of  the  succeeding  year;  and  a  school 
week  will  consist  of  five  days,  and  a  school  month  of  four  school 
weeks.  (70  v.  215,  §  70;  72  v.  181,  §  6.) 

Sec.  4017.  [Control  of  schools  vested  in  boards;  appointees; 
salaries.]  Each  board  of  education  shall  have  the  management  and 
control  of  all  of  the  public  schools  of  whatever  name  or  character 
in  the  district,  with  full  power  to  appoint  a  superintendent  of  the 
public  schools,  truant  officers,  and  janitors  and  fix  their  salaries ;  and, 
if  deemed  essential  for  the  best  interests  of  the  schools  of  the  dis- 
trict, the  board  may,  under  proper  rules  and  regulations,  appoint  a 
superintendent  of  buildings,  and  such  other  employes  as  the  board 
may  deem  necessary,  and  fix  their  salaries ; 

[Salaries  of  teachers;  paid  during  epidemic;  appointments  of 
former  teachers.]  And  each  board  shall  fix  the  salaries  of  all  teachers, 
which  salaries  may  be  increased,  but  shall  not  be  diminished  during 
the  term  for  which  the  appointment  is  made,  and  teachers  shall  be 
paid  for  all  time  lost  when  the  schools  in  which  they  are  employed  are 
closed  owing  to  an  epidemic  or  other  public  calamity,  but  no  person 
shall  be  appointed  as  a  teacher  for  a  term  longer  than  four  school  years, 
nor  for  a  less  term  than  one  year  except  to  fill  an  unexpired  term,  the 
term  to  begin  within  four  months  of  the  date  of  the  appointment,  pro- 
vided that  in  making  appointments  teachers  in  the  actual  employ  of  the 
board  shall  be  first  considered  before  new  teachers  are  chosen  in  their 
stead. 

[School  director  in  city  districts;  appointment;  power;  duties; 
salary;  removal.]  A  board  of  education  in  a  city  district  may,  at  its 
discretion,  elect  a  director  of  schools,  who  shall  serve  as  such  for  the 
term  of  two  years,  unless  earlier  removed  as  hereinafter  provided, 
and  any  vacancy  in  this  office  shall  be  filled  for  the  unexpired  term 
of  such  director  of  schools.  As  director  of  schools,  he  shall  execute 
for  the  board  of  education,  in  the  name  of  the  school  district,  its  con- 
tracts and  obligations,  except  that  bonds  issued  shall  be  signed  by 
the  president  of  the  board,  and  attested  by  the  clerk.  He  shall  see 
that  all  contracts  made  by  or  with  said  board  shall  be  fully  and  faith- 
fully performed.  Except  teachers,  assistant  teachers,  supervisors, 
principals,  superintendent  of  instruction,  clerk  of  the  board  of  edu- 
cation, he  shall  have  the  appointment  subject  to  the  approval  and  con- 
firmation of  the  board  of  all>  employes,  and  may  discharge  the  same. 


104  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

He  shall  have  the  care  and  custody  of  all  property  of  the  school  dis- 
trict, real  and  personal,  except  moneys.  He  shall  oversee  the  con- 
struction of  buildings,  in  the  process  of  erection,  and  the  repairs  of 
the  same.  He  shall  advertise  for  bids  and  purchase  all  supplies  and 
equipments  authorized  by  the  board.  He  shall  report  to  the  board 
monthly,  and  oftener  if  required,  as  to  all  matters  under  his  super- 
vision, and  report  to  the  board  a  statement  of  its  accounts,  exhibiting 
the  revenues,  receipts,  disbursements,  assets  and  liabilities  of  the 
board,  the  sources  from  which  the  revenues  and  funds  are  derived, 
and  in  what  manner  the  same  have  been  disbursed.  He  shall  keep 
accurate  account  of  taxes  levied  for  school  purposes,  and  all  moneys 
due  to,  received  and  disbursed  by  the  board;  also,  of  all  assets  and 
liabilities  and  all  appropriations  made  by  the  board,  and  shall  receive 
and  preserve  all  vouchers  for  payments  and  disbursements  made  to 
or  by  the  board.  He  shall  issue  all  warrants  for  the  payment  of 
money  from  the  school  fund,  but  no  warrant  shall  be  issued  for  the 
payment  of  any  claim  until  such  claim  has  been  approved  by  the  board, 
and  the  pay-roll  for  teachers,  assistant  teachers  and  supervisors 
shall  be  counter-signed  by  the  superintendent  of  instruction.  He 
shall  attend  all  meetings  of  the  board,  and  perform  all  of  its  executive 
functions  not  hereinbefore  excepted  in  defining  the  duties  of  the 
director  of  schools.  He  shall  devote  such  portion  of  his  time  to  the 
duties  of  his  office  as  may  be  required  by  the  board  of  education  at 
or  before  his  election,  and  shall  give  a  bond  for  the  faithful  discharge 
of  his  duties  as  director  of  schools,  in  such  sum  as  the  board  may 
determine,  his  sureties  to  be  approved  by  the  board,  which  bond  shall 
be  deposited  with  the  president  of  the  board  within  ten  days  after  his 
appointment.  He  shall  receive  such  compensation,  not  exceeding 
$5,000  per  annum,  as  may  be  fixed  by  the  board  before  his  election, 
which  compensation  shall  not  be  changed  during  his  term  of  office. 
The  board  of  education  may,  at  any  time,  by  a  two-thirds  vote  for 
cause,  suspend  or  remove  the  director  of  schools,  but  such  suspension 
or  removal  shall  not  be  made  unless  the  charges  are  preferred  in  writ- 
ing, and  an  opportunity  afforded  to  bring  all  offered  pertinent  tes- 
timony in  as  a  defense,  which  testimony  shall  be  received  and  con- 
sidered by  the  board  and  made  a  part  of  the  records. 

[Contract  with  employes;  resignations;  dismissals.]  Upon  the 
appointment  of  any  person  to  any  position  under  the  control  of  the 
board  of  education,  it  shall  be  the  duty  of  the  clerk  promptly  to  notify 
such  person  verbally  or  in  writing  of  the  appointment  and  the  con- 
ditions thereof  and  request  and  secure  from  such  person  within  a 
reasonable  time  to  be  determined  by  the  board,  his  acceptance  or  re- 
jection of  the  appointment  thus  made, 'and  an  acceptance  of  such 


OHIO   SCHOOL   LAWS.  105 


Schools  and   Attendance  Enforced.  Ch.  9. 

appointment  within  the  time  thus  determined  shall  constitute  a  con- 
tract binding  both  parties  thereto  until  such  time  as  it  may  be  dis- 
solved, shall  expire,  or  the  appointee  be  dismissed  for  cause.  All 
resignations  or  requests  for  release  from  contract  by  teachers,  super- 
intendents, or  employes,  shall  be  promptly  considered  by  the  board, 
but  no  resignation  or  release  shall  become  effective  except  by  consent 
of  the  board.  Each  board  may  dismiss  any  appointee  or  teacher  for 
inefficiency,  neglect  of  duty,  immorality,  or  improper  conduct;  but  no 
teacher  shall  be  dismissed  by  any  board  unless  the  charges  are  first 
reduced  to  writing  and  an  opportunity  be  given  for  defence  before 
the  board,  or  a  committee  thereof,  and  a  majority  of  the  full  member- 
ship of  the  board  vote  upon  roll  call  in  favor  of  such  dismissal. 
(Passed  and  approved  April  25,  1904.) 

Sec.  40170.  [Superintendents  and  teachers  in  city  districts;  ap- 
pointment and  term  of  office;  duties.]  The  board  of  education  in 
each  city  school  district  shall  appoint  a  suitable  person  to  act  as 
superintendent  of  the  public  schools  of  the  district,  for  a  term  not  long- 
er than  five  school  years,  the  term  to  begin  within  four  months  of  such 
appointment.  Provided,  that  the  present  board  of  education  shall 
not  employ  a  superintendent  for  a  term  to  exceed  [extend]  beyond  the  school 
year  ending  August  31,  1905.  Said  superintendent  shall,  upon  his 
acceptance  of  the  appointment,  become  thereby  empowered  to  appoint, 
subject  to  the  approval  and  confirmation  of  the  board,  all  the  teachers, 
and  he  may  for  cause  suspend  any  person  thus  appointed  until  the 
board  or  a  committee  of  the  board  may  consider  such  suspension, 
but  no  one  shall  be  dismissed  by  the  board  except  as  provided  in 
section  4017  of  the  Revised  Statutes  of  Ohio;  provided  that  any  city 
board  of  education  may,  upon  a  three-fourths  vote  of  its  full  member- 
ship, re-employ  any  teacher  whom  the  superintendent  refuses  to  ap- 
point. Said  superintendent  shall  visit  the  schools  under  his  charge, 
direct  and  assist  teachers  in  the  performance  of  their  duties,  classify 
and  control  the  promotion  of  pupils,  and  perform  such  other  duties 
as  the  board  may  determine.  He  shall  report  to  the  board  of  educa- 
tion annually,  and  oftener  if  required,  as  to  all  matters  under  his 
supervision,  and  may  be  required  by  the  board  to  attend  any  and  all 
of  its  meetings  and  may  take  part  in  its  deliberations  but  shall  not  vote. 

[Superintendent  and  teachers  in  other  districts;  appointment  and 
term  of  office;  duties.]  The  board  of  education  of  each  village,  town- 
ship and  special  school  district  may  appoint  a  suitable  person  to  act 
as  superintendent,  and  to  employ  the  teachers  of  the  public  schools 
of  the  district,  for  a  term  not  longer  than  three  school  years,  the  term 
to  begin  within  four  months  of  the  date  of  the  appointment ;  but  noth- 
ing herein  shall  be  construed  as  preventing  two  or  more  districts 


106  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and   Attendance   Enforced. 

uniting  and  appointing  the  same  person  as  superintendent.  Provided, 
that  the  present  board  of  education  shall  not  employ  a  superintend- 
ent or  teacher  for  a  term  to  extend  beyond  the  school  year  ending 
August  31,  1905.  The  superintendent  shall,  upon  his  acceptance  of 
the  appointment,  become  thereby  empowered  to  visit  the  schools 
under  his  charge,  direct  and  assist  teachers  in  the  performance  of  their 
duties,  classify  and  control  the  promotion  of  pupils,  and  perfprm  such 
other  duties  as  the  board  may  determine.  He  shall  report  to  the  board 
of  education  annually,  and  oftener  if  required,  as  to  all  matters  under 
his  supervision,  and  may  be  required  by  the  board  to  attend  any  and 
all  of  its  meetings,  and  may  take  part  in  its  deliberations,  but  shall 
not  vote ;  provided,  however,  that  any  board  may  permit  or  require 
the  superintendent  to  devote  a  portion  of  his  time  to  teaching,  subject 
to  the  rules  and  regulations  of  said  board.  (Passed  and  approved 
April  25,  1904.) 

Sec.  4018.  [Teachers,  duties  of;  janitor  work  not  required.] 
All  teachers  shall  exercise  reasonable  care  in  regard  to  all  school 
property,  apparatus,  and  supplies  intrusted  to  their  keeping.  They 
shall  strive  to  guard  the  health  and  physical  welfare  of  the  pupils  in 
their  schools,  give  efficient  instruction  in  the  studies  pursued,  and 
endeavor  to  maintain  and  preserve  good  discipline  over  all  the  pupils 
under  their  charge.  Provided,  however,  that  no  teacher  shall  be 
required  by  any  board  to  do  the  janitor  work  of  any  school  room  or 
building,  except  as  mutually  agreed  by  special  contract,  and  for 
compensation  in  addition  to  that  received  by  him  for  his  services  as 
teacher.  (Passed  and  approved  April  25,  1904.) 

Sec.  4019.  [Teachers  dismissed  for  insufficient  cause  may  insti- 
tute suit.]  If  the  board  of  education  of  any  district  dismiss  any 
teacher  for  any  frivolous  or  insufficient  reason,  such  teacher  may  bring 
suit  against  such  district,  and  if,  on  the  trial  of  the  cause,  a  judgment 
be  obtained  against  the  district,  the  board  thereof  shall  direct  the 
clerk  to  issue  an  order  upon  the  treasurer  for  the  sum  so  found  due 
to  the  person  entitled  thereto,  to  pay  the  same  out  of  any  money  in 
his  hands  belonging  to  such  district,  and  applicable  to  the  payment  of 
teachers ;  and  in  such  suits  process  may  be  served  on  the  clerk  of  the 
district,  and  service  upon  his  [him]  shall  be  sufficient.  (Passed  and 
approved  April  25,  1904.) 

Sec.  4020.       Repealed,  88  v.  568,  §  10., 

(4020-1)  Sec.  i.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.  Enacted,  88  v.  568.) 

(4020-2)  Sec.  2.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 


OHIO   SCHOOL   LAWS.  107 

Schools  and  Attendance  Enforced.  Ch.  9. 

(4020-3)  Sec.  3.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-4)  Sec.  4.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-5)  Sec.  5.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-6)  Sec.  6.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-7)  Sec.  7.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-8)  Sec.  8.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-9)  Sec.  9.  (Superseded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.  Enacted,  88  v.  568.) 

TEXT-BOOK   LAW. 

(4020-10)  Sec.  i.  [Filing  and  preservation  of  copies  and  prices 
of  school  books.]  Any  publisher  or  publishers  of  school  books  in 
the  United  States  desiring  to  offer  school  books  for  use  by  pupils 
in  the  common  schools  of  Ohio  as  hereinafter  provided,  shall,  be- 
fore such  books  may  be  lawfully  adopted  and  purchased  by  any  school 
board  in  this  state,  file  in  the  office  of  the  state  commissioner  of 
common  schools  a  copy  of  each  book  proposed  to  be  so  offered, 
together  with  the  published  list  wholesale  price  thereof,  and  no  re- 
vised edition  of  any  such  book  shall  be  used  in  the  common  schools 
until  a  copy  of  such  revised  edition  shall  have  been  filed  in  the  office 
of  the  said  commissioner  together  with  the  published  list  whole- 
sale price  thereof.  The  said  commissioner  shall  carefully  preserve 
in  his  office  all  such  copies  of  books  and  the  prices  thereof  so  filed. 
(92  v.  282.) 

(4020-11)  Sec.  2.  [Maximum  price;  notification  of  publisher.] 
Whenever  and  so  often  as  any  book  and  the  price  thereof  shall  be  so 
filed  in  the  commissioner's  office  as  provided  in  section  I,  a  com- 
mission consisting  of  the  governor,  the  secretary  of  state  and  the 
state  commissioner  of  common  schools  shall  immediately  fix 
the  maximum  price  at  which  such  books  may  be  sold  to  or  pur- 
chased by  boards  of  education  as  hereinafter  provided,  which  max- 
imum price  so  fixed  on  any  book  shall  not  exceed  seventy-five  per 
cent,  of  the  published  list  wholesale  price  thereof,  and  the  state 
commissioner  of  common  schools  shall  immediately  notify  the  pub- 


108  OHIO   SCHOOL  LAWS. 


Ch.  9.  Schools  and   Attendance   Enforced. 

lisher  of  such  books  so  filed,  of  the  maximum  price  so  fixed.  If 
the  publisher  so  notified,  shall  notify  the  commissioner  in  writing 
that  he  accepts  the  price  so  fixed,  and  shall  agree  in  writing  to 
furnish  such  book  during  a  period  of  five  years  at  the  price  so  fixed, 
such  written  acceptance  and  agreement  shall  entitle  said  publisher 
to  offer  said  book  so  filed  for  sale  to  said  board  of  education  for  use 
by  the  pupil  under  the  terms  of  this  act.  (92  v.  282.) 

(4020-12)  Sec.  3.  [Notices  to  boards;  legality  dependent  on 
compliance.]  The  said  commissioner  shall  during  the  first  half  of 
the  month  of  June,  1896,  and  during  the  first  half  of  the  month  of 
June  in  each  year  thereafter,  furnish  to  each  board  of  education  the 
names  and  addresses  of  all  publishers  who  shall  have  during  the 
year  ending  on  the  first  day  of  said  month  of  June  in  each  year, 
agreed  in  writing  to  furnish  their  publications  upon  the  terms  pro- 
vided in  this  act.  And  it  shall  not  be  lawful  for  any  board  of  ed- 
ucation to  adopt  or  cause  to  be  used  in  the  common  schools  any 
book  whose  publisher  shall  not  have  complied,  as  to  said  book,  with 
the  provisions  of  this  act.  (92  v.  282.) 

(4020-13)  Sec.  4.  [Procedure  upon  violation  of  agreement  by 
publisher.]  If  any  publisher  who  shall  have  agreed  in  writing  to 
furnish  books  as  provided  in  this  act,  shall  fail  or  refuse  to  furnish 
such  books  adopted  as  herein  provided  to  any  board  of  education 
or  its  authorized  agent  upon  the  terms  as  herein  provided,  it  shall 
be  the  duty  of  said  board  at  once  to  notify  the  said  commission  of 
such  failure  or  refusal,  and  the  commission  shall  at  once  cause  an 
investigation  of  such  charge  to  be  made,  and  if  the  same  is  found 
to  be  true  the  commission  shall  at  once  notify  said  publisher  and 
each  board  of  education  in  the  state  that  said  book  shall  not  hereafter 
be  adopted  and  purchased  by  boards  of  education ;  and  said  pub- 
lisher shall  forfeit  and  pay  to  the  state  of  Ohio  five  hundred  dol- 
lars for  each  failure,  to  be  recovered  in  the  name  of  the  state,  in 
an  action  to  be  brought  by  the  attorney  general,  in  the  court  of 
common  pleas  of  Franklin  county,  or  in  any  other  proper  court  or  in 
any  other  place  where  service  can  be  made,  and  the  amount,  when 
collected,  shall  be  paid  into  the  state  treasury  to  the  credit  of  the 
common  school  fund  of  the  state.  (92  v.  282.) 

(4020-14)  Sec.  5,  [Studies,  etc.;  shipment  of  books,  etc.;  sale  to 
pupils;  purchase  from  pupils;  free  books.]  Each  board  of  education 
on  receiving  the  statements,  above  mentioned,  from  said  commis- 
sioner, shall  on  the  third  Monday  in  August  thereafter  meet,  and  at 
such  meeting,  or  at  an  adjourned  meeting  within  two  weeks  after 
said  Monday,  determine  by  a  majority  vote  of  all  members  elected 


OHIO    SCHOOL   LAWS.  309 


Schools   and   Attendance  Enforced.  Ch.  9. 

the  studies  to  be  pursued  and  which  of  said  text-books  so  filed  shall 
be  used  in  the  schools  under  its  control,  but  no  text-books  so  adopted 
shall  be  changed,  nor  any  part  thereof  altered  or  revised,  nor  shall 
any  other  text-book  be  substituted  therefor  for  five  years  after  the 
date  of  the  selection  and  adoption  thereof  without  the  consent  of 
three-fourths  of  all  the  members  elected,  given  at  a  regular  meet- 
ing; and  each  board  of  education  shall  cause  it  to  be  ascertained, 
and  at  regular  meetings  in  April  and  August  shall  determine  which, 
and  the  number  of  each  of  said  books  the  schools  under  its  charge 
shall  require,  until  the  next  regular  meetings  in  April  and  August, 
and  shall  cause  an  order  to  be  drawn  for  the  amount  in  favor  of 
the  clerk  of  the  board  of  education,  payable  out  of  the  contingent 
fund;  and  said  clerk  shall  at  once  order  said  books  so  agreed  upon 
by  the  board,  of  the  publisher,  and  the  publisher,  on  the  receipt  of 
such  order,  shall  ship  such  books  to  said  clerk  without  delay,  and  the 
clerk  shall  forthwith  examine  such  books,  and,  if  found  right  and' 
in  accordance  with  said  order,  remit  the  amount  to  said  publisher, 
and  the  board  of  education  shall  pay  all  charges  for  the  transpor- 
tation of  such  books,  out  of  the  school  contingent  fund ;  but  if  said 
boards  of  education  can,  at  any  time,  secure  of  the  publishers  books 
at  a  price  less  than  said  maximum  price,  it  shall  be  its  duty  so  to  do, 
and  may  without  unnecessary  delay,  make  effort  to  secure  such  lower 
price  before  adopting  any  particular  text-book.  Each  board  of  ed- 
ucation shall  have  power  to,  and  shall  make  all  necessary  provisions 
and  arrangements  to  place  the  books  so  purchased  within  easy  reach 
of  and  accessible  to  all  the  pupils  in  their  district,  and  for  that  purpose 
may  make  such  contracts,  and  take  such  security  as  they  may 
deem  necessary,  for  the  custody,  care  and  sale  of  such  books  and 
accounting  for  the  proceeds ;  but  not  to  exceed  ten  per  cent,  of  the  cost 
price  shall  be  paid  therefor,  and  said  books  shall  be  sold  to  the 
pupils  of  school  age  in  the  district,  at  the  price  paid  the  publisher, 
and  not  to  exceed  ten  per  cent,  therefor  added,  and  the  proceeds 
of  such  sale  shall  be  paid  into  the  contingent  fund  of  such  district, 
and  whoever  receives  said  books  from  the  board  of  education  for 
sale  as  aforesaid  to  the  pupils,  and  fails  to  account  honestly  and 
fully  for  the  same,  or  for  the  proceeds  to  the  board  of  education 
when  required,  shall  be  guilty  of  embezzlement  and  punished  ac- 
cordingly. Provided,  however,  boards  of  education  may  contract 
with  local  retail  dealers  to  furnish  said  books  at  prices  above  spec- 
ified, the  said  board  being  still  responsible  to  the  publishers  for  all 
books  purchased  by  the  said  board  of  education.  And  when  pupils 
remove  from  any  district,  and  have  text-books  of  the  kind  adopted 
in  such  district,  and  not  being  of  the  kind  adopted  in  the  district  to 


110  OHIO    SCHOOL   LAWS. 


Cli.  9.  Schools   and   Attendance  Enforced. 

which  they  remove,  and  wish  to  dispose  of  the  same,  the  board  of 
the  district  from  which  they  remove,  when  requested,  shall  purchase 
the  same  at  the  fair  value  thereof,  and  resell  the  same  as  other  books ; 
and  nothing  in  this  act  shall  prevent  the  board  of  education  from 
furnishing  free  books  to  pupils  as  provided  by  law.  That  for  the 
purpose  of  carrying  into  effect;  the  foregoing  provisions  of  this  act, 
and  paying  the  expenses  incident  thereto,  there  be  and  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury,  to  the  credit 
of  the  general  revenue  fund,  not  otherwise  appropriated,  the  sum 
of  five  hundred  dollars,  to  be  disbursed  and  paid  on  the  allowance 
and  order  of  said  commissioner.  (92  v.  282.) 

(4020-15)  Sec.  i.  [Purchase  of  Howe's  Historical  Collections 
of  Ohio  for  schools;  payment.]  The  boards  of  education  of  city, 
village,  township  and  special  school  districts  in  the  state  be  and 
are  hereby  authorized  to  purchase  for  each  school  in  either  of  said 
districts  one  copy  of  "Howe's  Historical  Collections  of  Ohio,"  to  be 
used  as  a  reference  book  in  the  study  of  the  history  of  the  state; 
provided  that  said  book  shall  be  in  quality,  style,  binding  and  finish 
equal  to  the  present  published  edition  of  said  work,  bound  in  half 
Russia  leather,  and  shall  cost  not  to  exceed  three  dollars  per  vol- 
ume, for  each  set  of  three  volumes;  provided  further,  that  the  price 
of  the  books  and  cost  of  transportation  shall  be  paid  out  of  the 
contingent  fund  of  such  district.  (89  v.  241.) 

(4020-16)  Sec.  2.  [Care  and  preservation  of  books.]  Said  books, 
during  the  vacations  of  schools,  or  when  the  schools  are  not  in  session, 
shall  be  taken  care  of  in  the  same  manner  that  maps,  globes,  diction- 
aries and  other  school  apparatus  are  cared  for  and  preserved.  (89 
v.  241.) 

(4020-17)  Sec.  i.  [Physical  training  in  city  schools.]  Physical 
training  shall  be  included  in  the  branches  to  be  regularly  taught 
in  public  schools  in  city  school  districts,  and  in  all  educational  in- 
stitutions supported  wholly  or  in  part  by  money  received  from  the 
state,  and  it  shall  be  the  duty  of  the  boards  of  education  of  city 
school  districts,  and  boards  of  such  educational  institutions  to  make 
provisions  in  the  schools  and  institutions  under  their  jurisdiction  for 
teaching  of  physical  training,  and  to  adopt  such  methods  as  shall 
adapt  the  same  to  the  capacity  of  the  pupils  in  the  various  grades 
therein ;  and  other  boards  may  make  such  provisions.  The  curric- 
ulum in  all  normal  schools  of  this  state  shall  contain  a  regular  course 
on  physical  education.  (Passed  and  approved  April  25,  1904.) 

(4020-18)  Sec.  i.  [Manual  training  departments,  commercial 
departments  and  kindergartens  authorized.]  Any  board  of  education 


OHIO    SCHOOL   LAWS.  Ill 


Schools  and  Attendance   Enforced.  Ch.  9. 

• 

may  establish  and  maintain  manual  training  and  commercial  de- 
partments and  kindergartens  in  connection  with  the  public  school 
system  and  pay  the  expenses  of  establishing  and  maintaining  said 
schools  from  the  public  school  funds,  in  the  same  manner  and  from 
the  same  funds  as  other  school  expenses  are  paid.  (Passed  and 
approved  April  25,  1904.) 

(4020-19)  Sec.  i.       Repealed  April  25,  1904. 

(4020-20)   Sec.  2.       Repealed  April  25,  1904. 

(4020-21)  Sec.  i.       Repealed  April  25,  1904. 

(4020-22)  Sec.  2.       Repealed  April  25,  1904.' 

(4020-23)  Sec.  i.  [Instruction  in  the  effects  of  alcholic  drinks 
and  other  narcotics;  made  a  regular  branch  of  study.]  The  nature 
of  alcoholic  drinks  and  other  narcotics,  and  their  effects  on  the 
human  system,  in  connection  with  the  various  divisions  of  physi- 
ology and  hygiene,  shall  be  included  in  the  branches  to  be  regularly 
taught  in  the  common  schools  of  the  state,  and  in  all  educational 
institutions  supported  wholly,  or  in  part,  by  money  from  the  state ; 
and  it  shall  be  the.  duty  of  boards  of  education,  and  boards  of  such 
educational  institutions  to  make  suitable  provisions  for  this  instruc- 
tion in  the  schools  and  institutions  under  their  respective  jurisdiction, 
giving  definite  time  and  place  for  this  branch  in  the  regular  course 
of  study;  and  to  adopt  such  methods  as  will  adapt  the  same  to  the 
capacity  of  pupils  in  the  various  grades ;  and  to  corresponding  classes 
as  found  in  ungraded  schools ;  the  same  tests  for  promotion  shall 
be  required  in  this  as  in  other  branches.  (94  v.  396;  85  v.  213.) 

(4020-24)  Sec.  2.  [Instruction  required  in  teachers'  institutes 
and  teachers'  training  schools;  teachers'  certificate  must  contain;  en- 
forcement of  law.]  In  all  teachers'  institutes,  also  in  all  normal 
schools  and  teachers'  training  classes  which  shall  hereafter  be  es- 
tablished by  the  state,  adequate  time  and  attention  shall  be  given 
to  instruction  in  the  best  methods  of  teaching  this  branch.  No  cer- 
tificate shall  be  granted  to  any  person  to  teach  in  the  common  schools 
or  in  any  educational  institution  supported  as  aforesaid  who  does 
not  pass  a  satisfactory  examination  on  this  subject,  and  the  best 
methods  of  teaching  the  same.  It  shall  be  the  duty  of  the  state  com- 
missioner of  common  schools  to  see  that  the  provisions  in  this 
section  relating  to  county  teachers'  institutes,  and  schools  and  classes 
by  whatever  name  hereafter  established  for  training  teachers,  and 
the  examination  of  teachers,  are  carried  out ;  and  said  commissioner 
shall,  each  year,  make  full  report  of  the  enforcement  of  said  section 
in  connection  with  his  annual  report.  (94  v.  396;  85  v.  213.) 


112  OHIO    SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

> 

(4020-25)  Sec.  3.  [Penalty  for  failure  to  enforce  law;  jurisdic- 
tion of  courts.]  Any  school  official,  or  any  employe  in  any  way 
concerned,  in  the  enforcement  of  the  act,  who  wilfully  refuses  or 
neglects  to  provide  for,  or  to  give  the  instruction  required  by  this 
act,  shall  be  fined,  and  shall  pay  for  each  offense  the  sum  of  twenty- 
five  dollars.  Mayors,  justices  of  the  peace  and  probate  judges  shall 
have  concurrent  jurisdiction  with  the  common  pleas  court  to  try 
the  offenses  described  in  this  act  and  all  fines,  or  penalties,  collected 
under  this  act  shall  be  paid  into  the  general  county  school  fund  of  the 
county  in  which  such  fine  or  penalty  was  collected.  (94  v.  396;  85 
v.  213.) 

Sec.  4021.  [German  language  taught,  how.]  Boards  of  ed- 
ucation are  authorized  to  provide  for  the  teaching  of  the  German 
language  in  the  elementary  and  high  schools  of  the  district  over 
which  they  have  control,  but  said  language  shall  only  be  taught  in 
addition  to,  and  as  auxiliary  to,  the  English  language;  all  the  common 
branches  in  the  public  schools  shall  be  taught  in  the  English  language. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4022.  [Pupils  may  be  sent  from  one  district  to  another.] 
The  board  of  any  district  may  contract  with  the  board  of  any  other 
district  for  the  admission  of  pupils  into  any  school  in  such  other 
district,  on  such  terms  as  may  be  agreed  upon  by  such  boards;  and 
the  expense  so  incurred  shall  be  paid  out  of  the  school  funds  of  the 
district  sending  such  pupils.  (73  v.  243,  §  64.) 

Sec.  40220.  [Attendance  when  pupils  live  over  one  and  one- 
half  miles  from  school;  payment  of  tuition,  how  computed.]  When 
pupils  live  more  than  one  and  one-half  miles  from  the  school  to 
which  they  are  assigned  in  the  district  in  which  they  reside,  they 
are  entitled  to  attend  a  nearer  school  in  the  same  district,  or  if 
there  be  no  nearer  school  in  said  district,  they  may  attend  the  nearest 
school  in  another  school  district,  in  all  grades  below  the  high  school, 
and  in  such  cases  the  board  of  education  of  the  district  in  which 
they  reside  shall  be  compelled  to  pay  the  tuition  of  such  pupils  with- 
out an  agreement  to  that  effect,  but  a  board  of  education  shall  not 
collect  tuition  for  attendance  as  provided  herein  until  after  notice 
of  such  attendance  shall  have  been  given  to  the  board  of  education 
of  the  district  where  the  pupils  reside,  but  nothing  contained  herein 
shall  be  construed  to  require  the  consent  of  the  board  of  edu- 
cation of  the  district  where  the  pupils  reside,  to  such  attendance ; 
said  tuition  shall  be  paid  from  either  the  tuition  or  the  contin- 
gent funds  and  the  amount  per  capita  shall  be  ascertained  by 
dividing  the  total  expenses  of  conducting  the  elementary  schools  of 


Schools  and  Attendance  Enforced.  Ch.  9. 

the  district  attended,  exclusive  of  permanent  improvements  and  re- 
pairs, by  the  total  enrollment  in  the  elementary  schools  of  the 
district,  said  amount  to  be  computed  by  the  month  and  an  attend- 
ance any  part  of  a  month  shall  create  a  liability  for  the  whole  month. 
When  the  schools  of  a  district  are  centralized  or  transportation  of 
pupils  provided,  the  provisions  of  this  section  shall  not  apply.  (Passed 
and  approved  April  25,  1904.) 

COMPULSORY  EDUCATION. 

Sec.  4022-1.  [In  what  branches  children  must  be  taught;  neces- 
sary time  of  attendance ;  excuse ;  appeal  in  case  of  refusal  to  excuse.] 
All  parents,  guardians  and  other  persons  who  have  care  of  children, 
shall  instruct  them,  or  cause  them  to'  be  instructed  in  reading,  spell- 
ing, writing,  English  grammar,  geography  and  arithmetic.  Every 
parent,  guardian  or  other  person  having  charge  of  any  child  between 
the  ages  of  eight  and  fourteen  years  shall  send  such  child  to  a 
public,  private  or  parochial  school,  for  the  full  time  that  the 
school  attended  is  in  session,  which  shall  in  no  case  be  for  less 
than  twenty-four  weeks,  and  said  attendance  shall  begin  within  the 
first  week  of  the  school  term,  unless  the  child  is  excused  from  such 
attendance  by  the  superintendent  of  the  public  schools,  in  city  or 
other  districts  having  such  superintendent,  or  by  the  clerk  of  the 
board  of  education  in  village,  special  and  township  districts  not  hav- 
ing such  superintendent,  on  by  the  principal  of  the  private  or  paro- 
chial school,  upon  satisfactory  showing,  either  that  the  bodily  or 
mental  condition  of  the  child  does  not  permit  of  its  attendance  at 
school,  or  that  the  child  is  being  instructed  at  home  by  a  person 
qualified,  in  the  opinion  of  the  superintendent  of  schools  in  city  or 
other  districts  having  such  superintendent,  or  the  clerk  of  the  board 
of  education  in  special,  village  and  township  districts  not  having 
such  superintendent,  to  teach  the  branches  named  in  this  section.  In 
case  such  superintendent,  principal  or  clerk  refuse  to  excuse  a  child 
from  attendance  at  school,  an  appeal  may  be  taken  from  such  de- 
cision to  the  probate  judge  of  the  county,  upon  the  giving  of  a  bond, 
within  ten  days  after  such  refusal,  to  the  approval  of  said  judge, 
to  pay  all  the  cost  of  the  appeal,  and  the  decision  of  the  probate 
judge  in  the  matter  shall  be  final.  All  children  between  the  ages 
of  fourteen  and  sixteen  years,  not  engaged  in  some  regular  employ- 
ment, shall  attend  school  for  the  full  term  the  schools  of  the  district 
in  which  they  reside  are  in  session  during  the  school  year,  unless 
excused  for  [the]  reasons  above  named.  Any  parent,  guardian,  or 

8-S.  L. 


114  OHIO   SCHOOL  LAWS. 


Ch.  9.  Schools   and   Attendance  Enforced. 

other  person,  having  care  of  a  child  between  the  ages  of  eight  and 
fourteen  years,  who  shall,  in  violation  of  the  provisions  of  this  sec- 
tion, fail  to  place  such  child  in  school  at  the  commencement  of  the 
annual  school  term  within  the  time  prescribed  in  this  section,  shall 
upon  conviction,  be  fined  not  less  than  five  dollars  nor  more  than 
twenty  dollars.  And  upon  the  failure  or  refusal  of  any  such  parent, 
guardian,  or  other  person  to  pay  said  fine,  then  said  parent,  guardian, 
or  other  person  shall  be  imprisoned  in  the  county  jail  not  less  than 
ten  days  nor  more  than  thirty  days.  (95  v.  615 ;  90  v.  285 ;  86  v.  333 ; 
89v.  389587  v.  316,  143.) 

Sec.  4022-2.  [Employment  of  children  under  sixteen  years  of 
age;  penalty.]  No  child  under  sixteen  years  of  age  shall  be  em- 
ployed or  be  in  the  employment  of  any  person,  company  or  corpor- 
ation during  the  school  term  and  while  the  public  schools  are  in  ses- 
sion, unless  such  child  shall  present  to  such  person,  company  or  cor- 
poration an  age  and  schooling  certificate  herein  provided  for.  An 
age  and  schooling  certificate  shall  be  approved  only  by  the  super- 
intendent of  schools,  or  by  a  person  authorized  by  him,  in  city  or 
other  districts  having  such  superintendent,  or  by  the  clerk  of  the 
board  of  education  in  village,  special  and  township  districts  not  hav- 
ing such  superintendent,  upon  a  satisfactory  proof  of  the  age  of 
such  minor  and  that  he  has  successfully  completed  the  studies  enum- 
erated in  section  4022-1  of  the  Revised  Statutes  of  Ohio;  or  if  be- 
tween the  ages  of  fourteen  and  sixteen  years,  a  knowledge  of  his  or 
her  ability  to  read  and  write  legibly  the  English  language.  The  age 
and  schooling  certificate  shall  be  formulated  by  the  state  commis- 
sioner of  common  schools  and  the  same  furnished,  in  blank,  by  the 
clerk  of  the  board  of  education.  Every  person,  company  or  cor- 
poration employing  any  child  under  sixteen  years  of  age,  shall  ex- 
act the  age  and  schooling  certificate  prescribed  in  this  section,  as  a 
condition  of  employment  and  shall  keep  the  same  on  file,  and  shall  upon 
request  of  the  truant  officer  herein  provided  for,  permit  him  to  ex- 
amine such  age  and  schooling  certificate.  Any  person,  company  or 
corporation,  employing  any  minor  contrary  to  the  provisions  of  this 
section  shall  be  fined,  not  less  than  twenty-five  nor  more  than  fifty 
dollars.  (April  25,  1904;  95  v.  616;  90  v.  285 ;  86  v.  334,  §  2.) 

Sec.  4022-3.  [Attendance  of  minors  in  certain  cases;  employ- 
ment of  such  minors ;  penalty.]  All  minors  over  the  age  of  fourteen 
and  under  the  age  of  sixteen  years,  who  cannot  read  and  write  the 
English  language  shall  be  required  to  attend  school  as  provided  in 
section  4022-1  of  the  Revised  Statutes  of  Ohio  and  all  the  provisions 
of  said  section  shall  apply  to  said  minors ;  provided,  that  such  attend- 


OHIO   SCHOOL   LAWS.  115 


Schools  and   Attendance  Enforced.  Ch.  9. 

ance  shall  not  be  required  of  such  minors  after  they  have  secured 
a  certificate  from  the  superintendent  of  schools,  in  districts  having 
superintendents  or  the  clerk  of  the  board  of  education  in  districts 
not  having  superintendents,  sthat  they  can  read  and  write  the  English 
language.  No  person,  company  or  corporation  shall  employ  any 
such  minor  during  the  time  schools  are  in  session,  or  having  such 
minor  in  their  employ  shall  immediately  cease  such  employment, 
upon  notice  from  the  truant  officer  who  is  hereinafter  provided  for. 
Every  person,  company  or  corporation  violating  the  provisions  of 
this  section  shall  be  fined  not  less  than  twenty-five  nor  more  than 
fifty  dollars.  (95  v.  617;  90  v.  286;  86  v.  334;  §§  3,  4;  87  v.  143.) 

Sec.  4022-4.  [Juvenile  disorderly  persons.]  Every  child  between 
the  ages  of  eight  and  fourteen  years,  and  every  child  between  the 
ages  of  fourteen  and  sixteen  years  unable  to  read  and  write  the  Eng- 
lish language,  or  not  engaged  in  some  regular  employment,  who  is 
an  habitual  truant  from  school,  or  who  absents  itself  habitually  from 
school,  or  who,  while  in  attendance  at  any  public,  private  or  paro- 
chial school,  is  incorrigible,  vicious  or  immoral  in  conduct,  or  who 
habitually  wanders  about  the  streets  and  public  places  during  school 
hours  having  no  business  or  lawful  occupation,  shall  be  deemed  a 
juvenile  disorderly  person,  and  be  subject  to  the  provisions  of  this 
act.  (95  v.  617 ;  90  v.  286;  86  v.  335,  §  5 ;  90  v.  57 ;  88  v.  136.) 

Sec.  4022-5.  [Truant  officers;  powers  and  duties.]  To  aid  in 
the  enforcement  of  this  act,  truant  officers  shall  be  appointed  and 
employed  as  follows:  In  city  districts  the  board  of  education  shall 
appoint  and  employ  one  or  more  truant  officers;  in  special,  village 
and  township  districts  the  board  of  education  shall  appoint  a  con- 
stable or  other  person  as  truant  officer.  The  compensation  of  the 
truant  officer  shall  be  fixed  and  paid  by  the  board  appointing  him. 
The  truant  officer  shall  be  vested  with  police  powers,  the  authority 
to  serve  warrants,  and  shall  have  authority  to  enter  workshops,  fac- 
tories, stores  and  all  other  places  where  children  may  be  employed,  and 
do  whatever  may  be  necessary,  in  the  way  of  investigation  or  other- 
wise, to  enforce  this  act;  he  is  also  authorized  to  take  into  custody 
the  person  of  any  youth  between  eight  and  fourteen  years  of  age, 
or  between  fourteen  and  sixteen  years  of  age  when  not  regularly 
employed  or  when  unable  to  read  and  write  the  English  language, 
who  is  not  attending  school,  and  shall  conduct  said  youth  to  the  school 
he  has  been  attending,  or  which  he  should  rightfully  attend.  The 
truant  officer  shall  institute  proceedings  against  any  officer,  parent, 
guardian,  person  or  corporation  violating  any  provisions  of  this  act, 
and  shall  otherwise  discharge  the  duties  described  in  this  act,  and 


116  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

perform  such  other  services  as  the  superintendent  of  schools  or  the 
board  of  education  may  deem  necessary  to  preserve  the  morals 
and  secure  the  good  conduct  of  school  children,  and  to  enforce  this 
act.  The  truant  officer  shall  keep  a  record  of  his  transactions  for 
the  inspection  and  information  of  the  superintendent  of  the  schools 
and  the  board  of  education;  and  he  shall  make  daily  reports  to  the 
superintendent  of  schools  during  the  school  term  in  districts  having 
superintendents,  and  to  the  clerk  of  the  board  of  education  in  districts 
not  having  superintendents,  as  often  as  required  by  him.  Suitable 
blanks  for  the  use  of  the  truant  officer  shall  be  provided  by  the 
clerk  of  the  board  of  education.  (95  v.  617;  90  v.  286;  86  v.  335,  §  6; 
87  v.  325,  144.) 

Sec.  4022-6.  [Report  of  principal  and  teachers.]  It  shall  be  the 
duty  of  all  principals  and  teachers  of  all  schools,  public,  private  and 
parochial,  to  report  to  the  clerk  of  the  board  of  education  of  the  city, 
special,  village  or  township  district  in  which  the  schools  are  situated, 
the  names,  ages  and  residences  of  all  pupils  in  attendance  at  their 
schools,  together  with  such  other  facts  as  said  clerk  may  require 
in  order  to  facilitate  the  carrying  out  of  the  provisions  of  this  act, 
and  the  clerk  shall  furnish  blanks  for  such  purpose,  and  such  report 
shall  be  made  during  the  last  week  of  each  month  from  September  to 
June  inclusive  of  each  year.  It  shall  be  the  further  duty  of  such 
principals  and  teachers  to  report  to  the  truant  officer,  the  superin- 
tendent of  public  schools,  or  the  clerk  of  the  board  of  education, 
all  cases  of  truancy  or  incorrigibility  in  their  respective  schools  as 
soon  after  these  offenses  have  been  committed  as  practicable.  (95  v. 
618;  90  v.  287.) 

Sec.  4022-7.  [Proceedings  in  case  of  truancy;  penalties.]  On 
the  request  of  the  superintendent  of  schools  or  the  board  of  education, 
or  when  it  otherwise  comes  to  his  notice,  the  truant  officer  shall  ex- 
amine into  any  case  of  truancy  within  his  district,  and  warn  the 
truant  and  his  parents,  guardian  or  other  person  in  charge,  in  writing, 
of  the  final  consequences  of  truancy  if  persisted  in.  When  any  child 
between  the  ages  of  eight  and  fourteen  years,  or  any  child  between  the 
ages  of  fourteen  and  sixteen  years  who  cannot  read  and  write  the 
English  language  or  who  is  not  regularly  employed,  is  not  attending 
school,  in  violation  of  the  provisions  of  this  act,  the  truant  officer  shall 
notify  the  parent,  guardian  or  other  person  in  charge  of  such  child, 
of  the  fact,  and  require  such  parent,  guardian  or  other  person  in  charge, 
to  cause  the  child  to  attend  some  recognized  school  within  two  days 
from  the  date  of  the  notice;  and  it  shall  be  the  duty  of  the  parent, 
guardian  or  other  person  in  charge  of  the  child,  so  to  cause  its  attend- 


OHIO  SCHOOL  LAWS.  117 


Schools  and  Attendance  Enforced.  Ch.  9. 

ance  at  some  recognized  school.  Upon  failure  to  do  so,  the  truant 
officer  shall  make  complaint  against  the  parent,  guardian  or  other 
person  in  charge  of  the  child,  in  any  court  of  competent  jurisdiction 
in  the  city,  special,  village  or  township  district  in  which  the  offense 
occurs,  for  such  failure,  and  upon  conviction,  the  parent,  guardian  or 
other  person  in  charge,  shall  be  fined  not  less  than  five  dollars  nor 
iMore  than  twenty  dollars,  or  the  court  may  in  its  discretion,  require 
the  person  so  convicted  to  give  a  bond  in  the  penal  sum  of  one  hun- 
dred dollars,  with  sureties  to  the  approval  of  the  court,  conditioned  that 
he  or  she  will  cause  the  child  under  his  or  her  charge  to  attend  some 
recognized  school  within  two  days,  thereafter  and  to  remain  at  such 
school  during  the  term  prescribed  by  law ;  and  upon  the  failure  or  re- 
fusal of  any  such  parent,  guardian  or  other  person  to  pay  said  fine 
and  costs  or  furnish  said  bond  according  to  the  order  of  the  court, 
then  said  parent,  guardian  or  other  person  shall  be  imprisoned  in  the 
county  jail  not  less  than  ten  days  nor  more  than  thirty  days.  (95  v. 
618;  90  v,  287;  86  v.  336,  §  §  8,  9.) 

Sec.  4022-8.  [Proceedings  against  juvenile  disorderly  persons.] 
If  the  parent,  guardian  or  other  person  in  charge  of  any  child  shall, 
upon  the  complaint  under  the  last  section  for  failure  to  cause  the 
child  to  attend  a  recognized  school  prove  inability  to  do  so,  then  he 
or  she  shall  be  discharged,  and  thereupon  the  truant  officer  shall  make 
complaint  that  the  child  is  a  juvenile  disorderly  person  within  the 
meaning  of  section  4022-4  of  the  Revised  Statutes  of  Ohio.  If  such 
complaint  be  made  before  any  mayor,  justice  of  the  peace,  or  police 
judge,  it  shall  be  certified  by  such  magistrate  to  the  probate  judge. 
The  probate  judge  shall  hear  such  complaint,  and  if  he  determine 
that  the  child  is  a  juvenile  disorderly  person  within  the  meaning  of 
section  4022-4  of  the  Revised  Statutes  of  Ohio  he  shall  commit  the 
child  if  under  ten  years  of  age,  and  eligible  for  admission  thereto,  to  a 
children's  home,  or  if  not  eligible,  then  to  a  house  of  refuge  if  there  be 
one  in  the  county  or  to  the  boys'  industrial  school  or  the  girls'  indus- 
trial home,  or  to  some  other  juvenile  reformatory.  No  child  over  ten 
years  of  age  shall  be  committed  to  a  county  children's  home,  and  any 
child  committed  to  a  children's  home,  may  on  request  of  the  trustees 
of  such  home  and  it  being  shown  that  it  is  vicious  and  incorrigible, 
be  transferred  by  the  probate  judge  to  the  boys'  industrial  school  or 
the  girls'  industrial  home.  A  child  committed  to  any  juvenile  re- 
formatory under  this  section,  shall  not  be  detained  there  beyond  the 
age  of  sixteen  years  and  may  be  discharged  sooner  by  the  trustees 
under  the  restrictions  applicable  to  other  inmates.  Any  order  of  com- 
mitment to  a  juvenile  reformatory  may  be  suspended,  in  the  discre- 


118  OHIO   SCHOOL  LAWS. 


Ch.  9.  Schools  and   Attendance  Enforced. 

tion  of  the  probate  judge,  for  such  time  as  the  child  may  regularly 
attend  school  and  properly  conduct  itself.  The  expense  incurred  in 
the  transportation  of  a  child  to  a  juvenile  reformatory  and  the  costs  in 
the  case  in  which  the  order  of  commitment  is  made,  or  the  child  dis- 
charged, or  in  which  judgrfient  is  suspended,  shall  be  paid  by 
the  county  where  the  offense  was  committed,  after  the  manner  pro- 
vided in  section  759  of  the  Revised  Statutes  of  Ohio.  Provided,  fur- 
ther, that  if  for  any  cause  the  parent,  guardian  or  other  person  in 
charge  of  any  juvenile  disorderly  person  as  defined  in  section  4022-4 
of  the. Revised  Statutes  of  Ohio  shall  fail  to  cause  such  juvenile  dis- 
orderly person  to  attend  a  school,  then  complaint  against  such  juvenile 
disorderly  person  shall  be  made,  heard  and  determined  in  like  manner 
as  provided  in  case  the  parent  proves  inability  to  cause  such  juvenile 
disorderly  person  to  attend  school.  (95  v.  619;  90  v.  288;  86  v.  337, 
§8;  87v.  325,  144.) 

Sec.  4022-9.  [Relief  to  enable  child  to  attend  school  required 
time.]  When  any  truant  officer  is  satisfied  that  any  child,  compelled 
to  attend  school  by  the  provisions  of  this  act,  is  unable  to  attend  school 
because  absolutely  required  to  work,  at  home  or  elsewhere,  in  order 
to  support  itself  or  help  support  or  care  for  others  legally  entitled  to 
its  services,  who  are  unable  to  support  or  care  for  themselves,  the 
truant  officer  shall  report  the  case  to  the  authorities  charged  with  the 
relief  of  the  poor,  and  it  shall  be  the  duty  of  said  officers  to  afford  such 
relief  as  will  enable  the  child  to  attend  school  the  time  each  year  re- 
quired under  this  act.  Such  child  shall  not  be  considered  or  declared 
a  pauper  by  reason  of  the  acceptance  of  the  relief  herein  provided  for. 
In  case  the  child,  or  its  parents  or  guardian,  refuse  or  neglect  to  take 
advantage  of  the  provisions  thus  made  for  its  instruction,  such  child 
may  be  committed  to  a  children's  home  or  a  juvenile  reformatory,  as 
provided  for  in  section  4022-8  of  the  Revised  Statutes  of  Ohio.  In  all 
cases  where  relief  is  necessary  it  shall  be  the  duty  of  the  board  of 
education  to  furnish  text  books  free  of  charge  and  said  board  may  fur- 
nish any  further  relief  it  may  deem  necessary,  the  expenses  incident 
to  furnishing  said  books  and  the  relief  to  be  paid  from  the  contingent 
funds  of  the  school  district.  (95  v.  620;  90  v.  289;  86  v.  337,  §  8.) 

Sec.  4022-10.  [As  to  institution  of  deaf  and  dumb  or  institution 
for  blind.]  The  provisions  of  this  act  shall  apply  to  children  entitled 
under  existing  statutes,  to  attend  school  at  the  institution  for  the  deaf 
and  dumb  or  the  institution  for  the  blind,  so  far  as  the  same  are  prop- 
erly enforcible.  Truant  officers  shall,  within  sixty  days  after  the 
passage  of  this  act,  and  annually  between  the  first  day  of  July  and  the 
first  day  of  August,  report  to  the  probate  judge  of  their  respective 


OHIO    SCHOOL   LAWS.  119 


Schools  and  Attendance  Enforced.  Ch.  9. 

counties  the  names,  ages  and  residence  of  all  such  children  between 
the  ages  of  eight  and  eighteen  years,  with  the  names  and  postoffice  ad- 
dress of  their  parents,  guardians  or  the  persons  in  charge  of  them ; 
also  a  statement  whether  the  parents,  guardians  or  person  in  charge 
of  each  child  is  able  to  educate  and  is  educating  the  child,  or  whether 
the  interests  of  the  child  will  be  promoted  by  sending  it  to  one  of  the 
state  institutions  mentioned.  Upon  information  thus  or  otherwise  ob- 
tained, the  probate  judge  may  fix  a  time  when  he  will  hear  the  question 
whether  any  such  child  shall  be  required  to  be  sent  for  instruction  to 
one  of  the  state  institutions  mentioned,  and  he  shall  thereupon  issue  a 
warrant  to  the  proper  truant  officer  or  some  other  suitable  person,  to 
bring  the  child  before  such  judge  at  his  office  at  the  time  fixed  for  the 
hearing ;  and  shall  also  issue  an  order  on  the  parents,  guardian  or  per- 
son in  charge  of  the  child  to  appear  before  him  at  such  hearing,  a 
copy  of  which  order,  in  writing,  shall  be  served  personally  on  the 
proper  person  by  the  truant  officer  or  other  person  ordered  to  bring 
the  child, before  the  judge.  If,  on  the  hearing,  the  probate  judge  is 
satisfied  that  the  child  is  not  being  properly  educated  at  home,  and 
will  be  bene'fited  by  attendance  at  one  of  the  state  institutions  men- 
tioned, and  is  a  suitable  person  to  receive  instruction  therein,  he  may 
send  or  commit  such  child  to  such  institution.  The  cost  of  such  hear- 
ing, and  the  transportation  of  the  child  to  such  institution  shall  be 
paid  by  the  county  after  the  manner  provided,  where  a  child  is  com- 
mitted to  a  state  reformatory  under  section  4022-8  of  the  Revised 
Statutes  of  Ohio;  provided  nothing  in  this  section  contained  shall  be 
construed  to  require  the  trustees  of  either  of  the  state  institutions 
mentioned,  to  receive  any  child  not  a  suitable  subject  to  be  received 
and  instructed  therein,  under  the  laws,  rules  and  regulations  governing 
such  institutions.  (95  v.  620 ;  90  v.  289 ;  86  v.  337,  §  8.) 

Sec.  4022-11.  [Penalties ;  jurisdiction ;  violations  by  corporations ; 
disposition  of  fines  collected;  employment  of  attorney;  compensation.] 
Any  officer,  principal,  teacher  or  other  person  mentioned  in  this  act, 
neglecting  to  perform  any  duty  imposed  upon  him  by  this  act,  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars 
for  each  offense.  Any  officer  or  agent  of  any  corporation  violating 
any  provision  of  this  act,  who  participates  or  acquiesces  in  or  is  cog- 
nizant of  such  violation,  shall  be  fined  not  less  than  twenty-five  dol- 
lars nor  more  than  fifty  dollars.  Any  person  who  violates  any  pro- 
vision of  this  act  for  which  a  penalty  is  not  elsewhere  in  this  act 
provided,  shall  be  fined  not  more  than  fifty  dollars.  Mayors,  jus- 
tices of  the  peace,  police  judges,  and  probate  judges  shall  have  jur- 
isdiction to  try  the  offenses  described  in  this  act,  and  their  judgment 


120  OHIO   SCHOOL  LAWS. 

Ch.  9.  Schools  and  Attendance  Enforced. 

shall  be  final.  When  complaint  is  made,  information  filed,  or  indict- 
ment found  against  any  corporation  for  violating  this  act,  summons 
shall  be  served,  appearance  made,  or  plea  entered,  as  provided  in 
section  7231,  Revised  Statutes  of  Ohio,  except  that  in  complaints  be- 
fore magistrates,  service  shall  be  made  by  the  constable.  In  all 
other  cases  process  shall  be  served  and  proceedings  had,  as  in  cases 
of  misdemeanor.  In  every  case  of  complaint  against  a  child  involv- 
ing commitment  to  any  children's  home  or  juvenile  reformatory,  the 
board  of  county  visitors  shall  be  notified  and  must  attend  and  protect 
the  interest  of  the  child  on  the  hearing,  as  provided  in  section  633-18 
of  the  Revised  Statutes  of  Ohio;  and  the  order  of  commitment  of 
the  child  to  a  state  reformatory  must  show  that  the  county  visitors 
were  so  notified  and  attended  the  hearing.  All  fines  collected  under 
the  provisions  of  this  act  shall  be  paid  into  the  funds  of  the  school 
district  in  which  the  offense  was  committed.  Boards  of  education 
are  authorized  to  employ  legal  counsel  to  prosecute  any  case  aris- 
ing under  the  provisions  of  this  act  when  it  shall  deem  the  same 
necessary,  and  the  services  of  such  counsel  shall  be  paid  for  from 
the  contingent  fund  of  the  district.  (95  v.  621;  90  v.  290;  86  v. 
338,  §§  ii,  12,  13;  87  v.  326,  145.) 

Sec.  4022-12.  [Repeated  violations.]  Every  person  who,  after 
being  once  convicted  for  violating  any  of  the  provisions  of  this 
act,  shall  be  convicted  of  again  violating  any  of  the  provisions  of  this 
act,  may,  in  addition  to  the  punishment  by  way  of  a  fine  elsewhere 
provided  for,  be  imprisoned  not  less  than  ten  days  nor  more  than 
thirty  days.  On  complaint,  before  a  mayor,  justice  of  the  peace,  or 
police  judge  of  a  second  violation  of  this  act  involving  punishment 
by  imprisonment,  if  a  trial  by  jury  be  not  waived,  a  jury  shall  be 
chosen  and  the  case  tried,  after  the  manner  provided  in  section 
37180,  of  the  Revised  Statutes  of  Ohio.  (95  v.  622 ;  90  v.  290.) 

Sec.  4022-13.  [Sufficient  school  accommodations  to  be  provided.] 
It  is  hereby  made  the  duty  of  every  board  of  education  in  this  state, 
to  provide  sufficient  accommodations  in  the  public  schools  for  all  child- 
ren in  their  district  compelled  to  attend  the  public  schools  under  the 
provisions  of  this  act.  Authority  to  levy  the  tax  and  raise  the  money 
necessary  for  such  purpose,  is  hereby  given  the  proper  officers  charged 
with  such  duty  under  the  law.  (95  v.  622;  90  v.  291.) 

Sec.  4022-14.  [Costs  in  prosecution  under  this  act.]  No  person 
or  officer  instituting  pro  eedings  under  this  act  shall  be  required  to 
advance,  or  give  security  for  costs ;  and  if  a  defendant  is  acquitted 
or  discharged,  or  if  convicted  and  committed  to  jail  in  default  of 
payment  of  fine  and  costs,  the  justice,  mayor,  police  judge  or  probate 


OHIO   SCHOOL  LAWS.  121 


Schools  and  Attendance  Enforced.  Ch.  9. 

judge,  before  whom  such  case  was  brought  shall  certify  such  costs 
to  the  county  auditor,  who  shall  examine  and,  if  necessary,  correct 
the  account,  and  issue  his  warrant  to  the  county  treasurer  in  favor 
of  the  respective  persons  to  whom  such  costs  are  due  for  the  amount 
due  to  each.  (95  v.  622 ;  90  v.  291.) 

Sec.  4023.       Repealed  April  15,  1889. 

Sec.  4024.       Repealed  April   15,   1889. 

Sec.  4025.       Repealed  May  12,  1902. 

Sec.  4026.  [Free  school  books.]  That  each  board  of  education 
may  furnish  the  necessary  school  books  free  of  charge,  to  enable  the 
parent  or  guardian,  without  expense  therefor,  to  comply  with  the  re- 
quirements of  this  chapter,  the  same  to  be  paid  for  out  of  the  contin- 
gent fund  at  the  disposal  of  the  board ;  and  such  levy  each  year,  in  addi- 
tion if  necessary  to  that  otherwise  authorized  by  law,  is  hereby  au- 
thorized, as  shall  be  necessary  to  furnish  such  school  books  free  of 
charge  to  all  the  pupils  attending  the  public  schools ;  but  such  pupils  as 
are  already  wholly  or  in  part  supplied  with  necessary  school  books 
shall  be  supplied  free  of  charge  only  as  other  or  new  books  are  needed ; 
and  all  school  books  furnished  as  herein  provided,  shall  be  considered 
and  be  the  property  of  the  district  and  loaned  to  the  pupils  on  such 
terms  and  conditions  as  such  board  may  prescribe.  (91  v.  260;  87  v. 
317;  74  v.  57>  §40 

Sec.  4027.       Repealed  May  12,   1902. 

Sec.  4028.      ^Repealed  April  15,  1889. 

Sec.  4029.       Repealed  May  12,  1902. 

Sec.  4029-1.  [Examination  for  entering  high  school.]  Each 
board  of  county  school  examiners  shall  hold  examinations  of  pupils 
of  township,  special  and  joint  sub-districts  in  the  subjects  of  orthog- 
raphy, reading,  writing,  arithmetic,  English  grammar  and  composi- 
tion, geography,  history  of  the  United  States  including  civil  govern- 
ment, and  physiology. 

[Number  of  examinations;  when  and  where.]  Two  such  exam- 
inations shall  be  held  annually,  one  on  the  third  Saturday  in  April, 
and  one  on  the  second  Saturday  in  May,  at  such  place  or  places  as 
the  county  board  of  examiners  may  designate. 

[Preparation  of  questions.]  The  questions  for  all  such  examin- 
ations, throughout  the  state.-shall  be  uniform  and  be  prepared  under 
the  direction  of  the  state  commissioner  of  common  schools,  and  sam- 
ple lists  shall  be  mailed,  under  seal,  to  the  clerks  of  the  said  boards 
of  examiners  not  less  than  ten  days  before  each  examination.  Upon 


122  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools   and   Attendance  Enforced. 

receipt  of  said  lists,  the  said  boards  are  authorized  and  required  to 
have  a  sufficient  number  of  copies  of  the  same  printed  for  use  at  the 
examination.  Only  such  applicants  as  receive  an  average  grade  of 
seventy  per  cent.,  with  no  grade  less  than  fifty  per  cent,  in  any 
branch  shall  be  passed. 

[Township  commencement.]  It  shall  be  the  duty  of  the  town- 
ship boards  of  education  upon  written  notice,  filed  by  a  success- 
ful applicant,  with  the  clerk  of  the  board  of  education,  to  provide 
lor  holding  a  township  commencement  not  later  than  the  month  of 
June,  at  some  place  within  the  civil  township,  and  to  appoint  some 
suitable  person  to  have  charge  of  the  same.  At  this  commencement 
each  successful  applicant  residing  in  the  township  school  distict  or 
any  special  or  joint  sub-district  having  its  schoolhouse  located  with- 
in the  civil  township  of  which  the  township  district  forms  a  part, 
shall  be  required  to  deliver  an  oration  or  declamation,  or  read  an 
essay ;  thereupon  said  board  of  education  shall  issue  a  certificate  to 
each  successful  applicant,  stating  that  said  applicant  has  taken  part 
in  said  commencement. 

[County  commencement;  diploma.]  The  board  of  county  school 
examiners  shall  provide  for  the  holding  of  a  county  commencement 
not  later  than  August  fifteenth,  at  such  place  as  it  may  determine. 
At  this  commencement  there  shall  be  delivered  an  annual  address, 
at  the  conclusion  of  which  a  diploma  shall  be  presented  to  each 
successful  applicant  who  has  complied  with  the  provisions  of  this 
act;  said  diploma  shall  entitle  the  holder  thereof  to  enter  any  high 
school  in  the  state.  (89  v.  123,  §§  i,  2;  91  v.  67;  92  v.  198;  94  v.  175, 
§  4029-1 ;  95  v.  71,  95  v.  218.) 

Sec.  4029-2.  [Compensation  of  examiners  and  contingent  ex- 
penses.] The  compensation  of  county  examiners  shall  be  the  same 
as  that  fixed  in  section  4075  of  the  Revised  Statutes  of  Ohio  for  the 
examination  of  teachers,  and  each  member  of  the  said  board  of  ex- 
aminers shall  be  allowed  the  minimum  fee  provided  for  holding  ex- 
aminations for  teachers  as  remuneration  for  his  services  incident  to 
the  county  commencement,  and  such  compensation  and  the  necessary 
expenses  incident  to  the  examination  and  county  commencement 
shall  be  paid  out  of  -the  county  treasury  as  provided  in  said  section 
4075 ;  no  other  compensation  shall  be  allowed  county  examiners  lor 
holding  the  county  commencement.  The  expenses  incident  to  the  town- 
ship commencement  shall  be  paid  by  the  township  board  of  education 
from  the  contingent  fund  of  the  township  district,  and  when  the 
pupils  of  special  districts  take  part  in  such  commencements  the 
boards  of  education  of  such  districts  shall  pay,  from  their  contingent 


OHIO    SCHOOL   LAWS.  123 


Schools  and   Attendance   Enforced.  Ch.  9. 

funds,  to  the  township  board  of  education  their  share  of  such  ex- 
penses, such  share  to  be  based  on  the  proportion  of  pupils,  from  each 
district,  taking  part  in  such  commencements ;  a  proportional  share 
for  pupils  from  joint  sub-districts,  taking  part  in  such  commencements, 
shall  be  paid  from  the  contingent  fund  of  said  joint  sub-districts.  (89 
v.  123,  §  4591  v.  67;  92  v.  198595  v.  72;  §4029-2595  v.  218.) 

Sec.  4029-3.  [Tuition.]  The  tuition  of  pupils  holding  diplomas 
and  residing  in  township,  special,  or  joint  sub-districts,  in  which 
no  high  school  is  maintained,  shall  be  paid  by  the  board  of  education 
of  the  district  in  which  they  have  legal  school  residence,  such  tuition 
to  be  computed  by  the  month  and  an  attendance  any  part  of  the 
month  shall  create  a  liability  for  the  entire  month ;  but  a  board  of 
education  maintaining  a  high  school  shall  charge  no  more  tuition 
than  it  charges  for  other  nonresident  pupils,  and  no  board  of  educa- 
tion shall  be  required  to  pay  the  tuition  of  any  pupil  for  more  than  four 
school  years ;  provided  the  board  of  education  shall  be  required  to  pay 
the  tuition  of  all  successful  applicants,  who  have  complied  with  the 
provisions  of  this  act,  residing  more  than  three  miles  from  the  high 
school  provided  by  said  board,  when  said  applicants  attend  a  nearer 
high  school.  The  tuition  of  pupils  residing  in  joint  sub-districts 
shall  be  paid  by  the  boards  of  education,  having  control  of  such  dis- 
tricts, from  the  contingent  funds  of  said  districts.  A  board  of  ed- 
ucation not  maintaining  a  high  school  may  enter  into  an  agreement 
with  one  or  more  boards  of  education  maintaining  such  school  for 
the  schooling  of  all  its  high  school  pupils  and  when  such  agreement 
is  entered  into  the  board  making  the  same  shall  be  exempt  from  the 
payment  of  tuition  at  other  high  schools ;  provided  the  school  or 
schools  selected  are  located  in  the  same  civil  township,  or  some  ad- 
joining township,  as  that  of  the  board  making  the  agreement.  Where 
no  such  agreement  is  entered  into  the  school  to  be  attended  can  be 
selected  by  the  pupil  holding  a  diploma;  provided,  due  notice  in 
writing,  is  given  to  the  clerk  of  the  board  of  education  of  the  name 
of  the  school  to  be  attended  and  the  date  the  attendance  is  to  begin, 
said  notice  to  be  filed  not  less  than  five  days  previous  to  said  be- 
ginning of  attendance.  Said  tuition  can  be  paid  from  either  the 
tuition  or  contingent  funds,  and  in  case  the  board  of  education  deems 
it  necessary  it  may  levy  a  tax  of  not  to  exceed  twO  mills  on  each 
dollar  of  taxable  property  in  the  district  or  joint  sub-district  in  ex- 
cess of  that  allowed  by  section  3959  of  the  Revised  Statutes  of  Ohio ; 
the  proceeds  of  said  levy  shall  be  kept  in  a  separate  fund  and  ap- 
plied only  to  the  payment  of  such  tuition.  (89  v.  123,  §  3;  95  v.  72; 
§4029-3595  v.  218.) 


124  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

Sec.  4029-4.  [What  shall  constitute  a  high  school.]  No  board 
of  education  shall  be  entitled  to  collect  tuition  under  this  act  unless 
said  board  shall  be  maintaining  a  regularly  organized  high  school 
with  a  course  of  study  extending  over  not  less  than  two  years  and 
consisting  mainly  of  branches  higher  than  those  in  which  the  pupil 
is  examined.  Should  the  question  arise  as  to  the  standing  or  grade 
of  any  particular  high  school,  the  state  commissioner  of  common 
schools  is  hereby  authorized  to  determine  the  grade  of  such  school 
and  his  finding  in  the  case  shall  be  final.  (95  v.  73,  §  4029-4;  95  v. 
218.) 


OHIO   SCHOOL   LAWS. 


125 


Enumeration,  Treasurer  and  Clerk. 


Ch.  10. 


CHAPTER  X. 


ENUMERATION,   TREASURER  AND  CLERK. 


SECTION. 

4030.  Yearly      enumeration      of      school 

youth. 

4031.  Appointment       of       enumerators; 

oath  and  duties. 

4032.  Enumeration    in    districts    In    two 

or  more  counties. 

4033.  Repealed. 

4034.  Repealed. 

4035.  Clerk     to     transmit     abstract     of 

enumeration    to   county   auditor. 

4036.  When  clerk  fails,  auditor  to  act. 

4037.  When  county  line  divides  original 

surveyed    township. 

4038.  When  enumeration  not  taken,  dis- 

trict    not     entitled     to     school 
funds. 

4039.  Auditor  to  furnish  abstract  to  state 

commissioner. 

4040.  Duty  of  state  commissioner  when 

enumeration   excessive. 

404L       Penalty  for  making  fraudulent  re- 
turns. 

4042.  Treasurer  of  school  funds. 

4043.  Bond      of      treasurer;      additional 

sureties  or  new  bond. 


SECTION. 

4044.  Annual    settlement    by    treasurer 

with  county  auditor. 

4045.  Penalty   for  failure   to   make  such 

settlement. 

4046.  Repealed. 

4ti7.       When    treasurer    may    receive    or 

pay  money. 
4047a.     Repealed. 

4048.  Maximum   amount   of  funds  which 

treasurer  may   hold. 

4049.  Treasurer  to   deliver   money,    etc., 

to  successor. 

4050.  Bond  of  clerk. 

4051.  When  orders  of  clerk  for  teachers' 

pay   illegal. 

4052.  Annual  statistical  report  of  board 

of     education;     by    whom     pre- 
pared. 

4053.  Publication    of     receipts    and    dis- 

bursements  by   clerk. 

4054.  Clerk  to  deliver  books,  etc.,  to  suc- 

cessor. 

4055.  How  treasurer  and  clerk   to  keep 

accounts. 

4056.  Compensation     of     treasurer     and 

clerk. 


ENUMERATION. 

Sec.  4030.  [Yearly  enumeration  of  school  youth.]  There  shall  be 
taken  in  each  district,  annually,  during  the  two  weeks  ending  on  the 
fourth  Saturday  of  May,  an  enumeration  of  all  unmarried  youth,  not- 
ing sex,  between  six  and  twenty-one  years  of  age,  resident  within 
the  district,  and  not  temporarily  there,  designating  also  the  number 
between  six  and  eight  years  of  age,  the  number  between  eight  and 
fourteen  years  of  age,  the  number  between  fourteen  and  sixteen  years 
of  age,  the  number  between  sixteen  and  twenty-one  years  of  age,  and  the 
number  residing  in  the  Western  Reserve,  the  Virginia  Military  district, 
the  United  States  Military  district,  and  in  any  original  surveyed  town- 
ship or  fractional  township  to  which  belongs  section  sixteen,  or  other 
land  in  lieu  thereof,  or  any  other  lands  for  the  use  of  public  schools, 
or  any  interest  in  the  proceeds  of  such  lands.  (93  v.  312;  87  v.  80; 
85  v.  192 ;  Rev.  Stat.  1880;  71  v.  15,  §  77.) 

Sec.  4031.  [Appointment  of  enumerators;  oath  and  duties.] 
The  board  of  education  of  each  school  district,  shall,  on  or  before  the 
second  Saturday  in  May,  appoint  one  or  more  persons  to  take  the 
enumeration  provided  for  in  section  forty  hundred  and  thirty  of  the 
Revised  Statutes  of  Ohio.  Each  person  appointed  to  take  such  enu- 


126  OHIO   SCHOOL   LAWS. 


Ch.  10.  Enumeration,  Treasurer  and  Clerk. 

meration  shall  take  an  oath  or  affirmation  to  take  the  same  accurately 
and  truly  to  the  best  of  his  skill  and  ability.  When  making  return 
thereof  to  the  clerk  of  the  board  of  education,  he  shall  accompany  the 
sams  with  a  list  of  the  names  of  all  the  youth  enumerated,  noting  the 
age  of  each,  and  with  his  affidavit  duly  certified  that  he  has  taken  and 
returned  the  enumeration  accurately  and  truly  to  the  best  of  his  knowl- 
edge and  belief,  and  that  such  list  contains  the  names  of  all  such 
youth  so  enumerated  and  none  others.  The  clerk  of  the  board  of  edu- 
cation or  any  officer  authorized  to  administer  oaths,  may  administer 
such  oath  or  affirmation,  take  and  certify  such  affidavit,  and  the  clerk 
shall  keep  in  his  office  for  the  period  of  five  years  such  report  and  the 
list  of  names,  and  each  person  so  taking  and  returning  the  enumera- 
tion shall  be  allowed  by  the  proper  board  of  education  reasonable  com- 
pensation for  his  services.  (Passed  and  approved  April  25,  1904.) 

Sec.  4032.  [Enumeration  in  districts  in  two  or  more  counties.] 
When  a  school  district  including  territory  attached  for  school  purposes, 
is  situated  in  two  or  more  counties,  it  shall  be  the  duty  of  the  person 
or  persons  taking  such  enumeration  to  report  the  number  of  youth  as 
provided  in  section  forty  hundred  and  thirty  of  the  Revised  Statutes 
of  Ohio,  residing  in  each  county  and  the  clerK  of  the  board  shall  make 
returns  to  the  auditors  of  the  respective  counties  in  which  such  youth 
reside  as  provided  in  section  forty  hundred  and  thirty-five  of  the 
Revised  Statutes  of  Ohio.  (Passed  and  approved  April  25,  1904.) 

Sec.  4033.       Repealed  90  v.  76. 

Sec.  4034.       Repealed  April  25,  1904. 

Sec-  4°35-  [Clerk  to  transmit  abstract  of  enumeration  to  county 
auditor.]  The  clerk  of  each  board  shall,  annually,  on  or  before  the 
first  Saturday  in  July  make,  and  transmit  to  the  county  auditor,  an  ab- 
stract of  the  enumeration  by  this  chapter  required  to  be  returned  by 
him,  according  to  the  form  prescribed  by  the  commissioner  of  common 
schools,  with  an  oath  or  affirmation  endorsed  thereon  that  it  is  a  correct 
abstract  of  the  returns  made  to  him  under  oath  or  affirmation ;  and 
the  oath  or  affirmation  of  the  clerk  may  be  administered  and  certified 
by  any  member  of  the  board  of  education,  or  by  the  county  auditor. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4036.  [When  the  clerk  fails,  auditor  to  act.]  If  the  clerk  of 
any  district  fail  to  transmit  such  abstract  of  enumeration  on  or  before 
the  first  Saturday  in  July,  the  auditor  shall  at  once  demand  the  same 
from  such  clerk ;  and  in  case  the  enumeration  has  not  been  taken  as  re- 
quired by  this  chapter,  or  the  abstract  required  be  not  furnished  with- 
out delay,  the  auditor  shall  employ  competent  persons  to  take  such 


OHIO   SCHOOL   LAWS.  127 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

enumeration,  who  shall  be  subject  to  the  legal  requirements  already 
specified,  except  that  the  return  shall  be  made  directly  to  the  auditor, 
who  may  administer  to  each  person  employed  the  oath  or  affirmation 
required;  and  the  auditor  shall  allow  the  person  employed  by  him,  a 
reasonable  compensation,  to  be  paid  out  of  the  general  county  fund,  and 
shall  proceed  to  recover  the  amount  so  paid  in  civil  action  before  any 
court  having  competent  jurisdiction,  in  the  name  of  the  state,  against 
such  clerk  on  his  bond,  and  the  amount  so  collected  shall  be  paid  into 
the  school  funds  of  the  district.  (Passed  and  approved  April  25,  1904.) 
Sec.  4037.  [When  county  line  divides  original  surveyed  township.] 
If  parts  of  an  original  surveyed  township  or  fractional  township  are 
situate  in  two  counties,  the  auditor  of  the  county  in  which  the  smallest 
part  is  situate  shall,  so  soon  as  the  abstracts  of  enumeration  are  received 
by  him  from  the  clerks  of  the  boards  of  education,  certify  to  the  audi- 
tor of  the  county  in  which  the  largest  part  is  situate  the  enumeration 
of  youth  residing  in  the  part  of  the  township  situate  in  his  county ;  if 
parts  of  such  township  or  fractional  township  are  situate  in  more  than 
two  counties,  like  certificates  of  enumeration  shall  be  transmitted  to  the 
auditor  of  the  county  containing  the  greatest  relative  portion  of  such 
township,  by  the  auditors  of  the  other  counties  containing  portions 
thereof ;  when  it  is  uncertain  which  county  contains  the  greatest  rela- 
tive portion  of  such  township,  such  certificates  shall  be  transmitted  to 
the  auditor  of  the  oldest  county,  by  the  other  auditor  or  auditors ;  and 
if  the  land  granted  by  congress  to  such  township  or  fractional  township 
for  the  support  of  public  schools  has  been  sold,  the  auditor  to  whom 
such  certificates  are  transmitted  shall  notify  the  auditor  of  state,  with- 
out delay,  that  such  enumeration  has  been  certified  to  him.  (70  v.  195, 
§§  121,  130.) 

Sec.  4038.  [When  enumeration  not  taken,  district  not  entitled  to 
school  funds.]  If  an  enumeration  of  the  youth  of  a  district  be  not 
taken  and  returned  in  any  year,  such  district  shall  not  be  entitled  to  re- 
ceive any  portion  of  the  school  funds  distributable  in  that  year  on  the 
basis  of  enumeration ;  and  if  such  loss  to  a  district  occur  through  the 
failure  of  the  clerk  of  the  board  of  education  of  a  district  to  perform 
the  duty  required  of  him  under  section  forty  hundred  and  thirty-five 
of  the  Revised  Statutes  of  Ohio,  he  shall  be  liable  to  the  district  for  the 
loss,  which  may  be  recovered  in  an  action  in  the  name  of  the  state ; 
and  the  money  so  recovered  shall  be  paid  into  the  county  treasury,  and 
apportioned  in  the  same  manner  as  the  school  funds  so  lost  would  have 
been  apportioned.  (Passed  and  approved  April  25,  1904.) 

Sec.  4039.  [Auditor  to  furnish  abstract  to  state  commissioner.] 
The  auditor  of  each  county  shall  make  and  transmit  to  the  state  com- 


128  OHIO   SCHOOL   LAWS. 


Ch.  10.  Enumeration,  Treasurer  and  Clerk. 

missioner  of  common  schools,  on  or  before  the  third  Saturday  in  July 
in  each  year,  on  blanks  to  be  furnished  by  the  commissioner,  an  ab- 
stract of  the  enumeration  returns' made  to  him,  duly  certified.  (Passed 
and  approved  April  25,  1904.) 

Sec.  4040.  [Duty  of  state  commissioner  when  enumeration  exces- 
sive, etc.]  When  the  state  commissioner  of  common  schools  on  exam- 
ination of  the  enumeration  returns  of  any  district,  is  of  opinion  that  the 
enumeration  is  excessive  in  number,  or  in  any  other  way  incorrect,he 
may  require  the  same  to  be  retaken  and  returned,  and  if  he  think  it 
necessary  he  may  for  this  purpose  appoint  persons  to  perform  the  ser- 
vice, who  shall  take  the  same  oath,  perform  the  same  duties,  and  re- 
ceive the  same  compensation,  out  of  the  same  funds,  as  the  person  or 
persons  who  took  the  enumeration  in  the  first  instance,  and  the  school 
fund  distributable  in  proportion  to  enumeration  shall  be  distributed 
upon  the  corrected  returns.  (70  v.  195,  §  75.) 

Sec.  4041.  [Penalty  for  making  fraudulent  returns.]  An  officer 
through  whose  hands  the  enumeration  required  by  this  chapter  to  be 
returned  passes,  who,  by  percentage  or  otherwise,  adds  to  or  takes  from 
the  number  actually  enumerated,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  of  such  offense,  shall  be  fined  in  any  sum 
not  less  than  five  nor  more  than  one  thousand  dollars,  or  imprisoned  in 
the  county  jail  not  less  than  ten  nor  more  than  thirty  days,  at  the  dis- 
cretion of  the  court.  (70  v.  175,  §  75.) 

TREASURER   AND    CLERK. 

Sec.  4042.  [Treasurer  of  school  funds.]  In  each  city,  village  and 
township  school  district,  the  treasurer  of  the  city,  village  and  township 
funds,  shall  be  respectively  the  treasurer  of  the  school  funds ;  in  each 
special  district  the  board  of  education  shall  choose  its  own  treasurer, 
whose  term  of  office  shall  be  for  one  year  beginning  on  the  first  day  of 
September.  (Passed  and  approved  April  25,  1904.) 

Sec.  4043.  [Bond  of  treasurer;  additional  sureties  or  new  bond.] 
Each  school  district  treasurer  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond,  with  sufficient  sureties,  in  an  amount  at 
least  equal  to  the  amount  of  school  funds  that  may  come  into  his  hands, 
payable  to  the  state  of  Ohio,  to  be  approved  by  the  board  of  education, 
conditioned  for  the  faithful  disbursement,  according  to  law,  of  all  funds 
which  come  into  his  hands ;  and  he  may  at  any  time  thereafter  be  re- 
quired to  give  additional  sureties  on  his  accepted  bond,  or  to  excute 
a  new  bond  with  sufficient  sureties  to  the  approval  of  the  board  of  edu- 
cation whenever  the  said  board  of  education  deem  it  necessary,  and  if 


OHIO   SCHOOL   LAWS.  129 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

said  treasurer  shall  fail  for  ten  days  after  service  of  notice  in  writing 
of  such  requisition,  to  give  bond  or  additional  sureties  as  aforesaid  as 
required  by  said  board,  the  office  shall  be  considered  and  declared  va- 
cant and  shall  be  filed  [filled]  as  in  other  cases.  Every  bond  when  so 
executed  and  approved  shall  be  filed  with  the  clerk  of  the  board  of  ed- 
ucation of  the  district,  and  recorded,  who  shall  cause  a  certified  copy 
thereof  or  the  names  of  additional  sureties,  to  be  filed  with  the  county 
auditor  without  delay,  and  such  board  at  the  time  of  the  approval  of 
any  bond  or  sureties,  shall  require  the  treasurer  of  the  school  funds  to 
produce  all  money,  bonds  or  other  securities  in  his  hands  as  such  treas- 
urer, and  the  same  shall  be  then  counted  by  the  board  or  a  committee 
thereof,  in  the  presence  of  the  clerk  of  the  board,  who  shall  thereupon 
enter  upon  the  records  of  the  board,  a  certificate,  setting  forth  the  exact 
amount  of  money  or  securities  so  found  in  the  hands  of  such  treasurer, 
which  record  shall  be  signed  by  the  president  and  clerk  of  the  board 
and  shall  be  prima  facie  evidence  that  the  amount  therein  stated  was 
actually  in  the  treasury  at  that  date.  (Passed  and  approved  April 


Sec.  4044.  [Annual  settlement  by  treasurer  with  county  auditor.] 
The  treasurer  shall,  annually,  within  the  first  ten  days  of  September, 
settle  with  the  county  auditor  for  the  preceding  school  year,  and  for 
that  purpose  shall  make  a  certified  statement  showing  the  amount  of 
money  received,  from  whom,  and  on  what  account,  and  the  amount 
paid  out,  and  for  what  purpose  ;  he  shall  produce  vouchers  for  all  pay- 
ments made;  if  the  auditor,  on  examination,  find  the  statement  and 
vouchers  to  be  correct,  he  shall  give  the  treasurer  a  certificate  of  the 
fact,  which  shall,  prima  facie,  Be  a  discharge  of  the  treasurer  for  the 
money  paid  ;  and  for  making  such  settlement  he  shall  be  entitled  to  re- 
ceive the  sum  of  one  dollar,  and  also  five  cents  per  mile  for  traveling 
to  and  from  the  county  seat,  to  be  paid  out  of  the  county  treasury, 
on  the  order  of  the  county  auditor.  When  the  treasurer's  term  be- 
gins on  the  first  day  of  September  the  annual  settlement  shall  be  made 
by  the  outgoing  treasurer.  (92  v.  58;  85  v.  192,  194;  Rev.  Stat.  1880; 

71  v.  9,  §  47-) 

Sec.  4045.  [Penalty  for  failure  to  make  such  settlement.]  If  the 
treasurer  of  any  school  district  willfully  or  negligently  fail  to  make 
such  annual  settlement  within  the  time  prescribed  '  in  the  preced- 
ing section,  he  shall  be  liable  to  pay  a  fine  of  fifty  dollars,  to  be  recov- 
ered in  a  civil  action  in  the  name  of  the  state;  which  amount,  when 
collected,  shall  be  paid  into  the  county  treasury,  and  shall  be  applied 
to  the  use  of  common  schools  in  his  district  ;  and  the  county  auditor 
shall  proceed  forthwith,  in  case  of  such  failure,  to  recover  the  penalty, 


9-S.  L. 


130  OHIO   SCHOOL  LAWS. 


Ch.  10.  Enumeration,  Treasurer  and  Clerk. 

by  suit  against  such  treasurer,  before  any  justice  of  the  peace  of  his 
county.     (71  v.  9,  §  47.) 

Sec.  4046.     Repealed  April  n,  1888. 

Sec.  4047.  [When  treasurer  may  receive  or  pay  money.]  No 
treasurer  of  a  school  district  shall  pay  out  any  school  money  except 
on  an  order  signed  by  the  president  and  countersigned  by  the  clerk  of 
the  board  of  education ;  and  no  money  shall  be  paid  to  the  treasurer  of 
a  district,  other  than  that  received  from  the  county  treasurer,  except 
upon  the  order  of  the  clerk  of  the  board,  who  shall  report  the  amount  of 
such  miscellaneous  receipts  to  the  county  auditor  each  year,  im- 
mediately preceding  such  treasurer's  settlement  with  the  auditor. 
(Passed  and  approved  April  25,  1904.) 

Sec.  40470.       Repealed  April  25,  1904. 

Sec.  4048.  [Maximum  amount  of  funds  which  treasurer  may  hold.] 
The  clerk  of  a  board  of  education  or  the  county  auditor  shall  pay  no 
money  into  the  hands  of  the  treasurer  of  a  school  district  in  excess  of 
the  amount  of  his  bond  and  should  said  clerk  or  auditor  violate  this 
provision,  he  and  his  bondsmen  shall  be  liable  for  any  loss  occasioned 
thereby ;  and  before  giving  said  treasurer  any  warrant  or  order  for  any 
school  funds  the  auditor  may  require  the  treasurer  to  file  with  him  a 
statement  showing  the  amount  of  su^h  funds  in  his  possession,  signed 
by  the  clerk  of  the  board  of  education.  (Passed  and  approved  April 
25,  1904.) 

Sec.  4049.  [Treasurer  to  deliver  money,  etc.,  to  successor.]  At 
the  expiration  of  his  term  of  service  each  treasurer  shall  deliver  to  his 
successor  in  office  all  books,  papers,  money,  and  other  property  in  his 
hands  belonging  to  the  district,  and  take  duplicate  receipts  of  his 
successor  therefor,  one  of  which  he  shall  deposit  with  the  clerk  of  the 
board  of  education  within  three  days  thereafter.  (1888,  April  n  ;  85  v. 
192,  194;  Rev.  Stat.  1880;  71  v.  9,  §  47.) 

Sec.  4050.  [Bond  of  clerk.]  The  clerk  of  each  board  of  education 
shall  execute  a  bond,  in  an  amount  and  with  surety  to  be  approved  by 
the  board,  payable  to  the  state  of  Ohio,  conditioned  that  he  shall 
perform  faithfully  all  the  official  duties  required  of  him ;  which  bond 
shall  be  deposited  with  the  president  of  the  board,  and  a  copy  thereof, 
certified  by  the  president  of  the  board,  shall  be  filed  with  the  county 
auditor.  (70  v.  195,  §  45.) 

Sec.  4051.  [When  orders  of  clerk  for  teachers'  pay  illegal.]  It 
shall  be  unlawful  for  the  clerk  of  a  board  to  draw  an  order  on  the  treas- 
urer for  the  payment  of  a  teacher  for  services  until  the  teacher  files 
with  him  such  reports  as  are  required  by  the  state  commissioner  of 


OHIO   SCHOOL  LAWS.  131 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

common  schools  and  the  board  of  education,  a  legal  certificate  of 
qualification,  or  a  true  copy  thereof,  covering  the  entire  time  of  the 
service,  and  a  statement  of  the  branches  taught;  but  orders  may  be 
drawn  for  the  payment  of  special  teachers  of  drawing,  painting,  pen- 
manship, music,  gymnastics,  or  a  foreign  language,  on  presentation 
of  a  certificate  to  the  clerk,  signed  by  a  majority  of  the  examiners, 
and  the  filing  with  him  of  a  true  copy  thereof,  covering  the  time  for 
which  a  special  teacher  has  been  employed,  and  the  specialty  taught. 
(70  v.  195,  §§  53,  94-) 

Sec.  4052.  [Annual  statistical  report  of  the  board  of  education ;  by 
whom  prepared.]  The  clerk  of  each  board  shall  prepare  the  annual 
report  of  the  receipts  and  expenditures  of  school  money,  and  the  statis- 
tical statement  in  reference  to  the  schools,  required  of  the  board  by 
section  forty  hundred  and  fifty-seven  of  the  Revised  Statutes  of  Ohio, 
and  transmit  the  same  to  the  county  auditor  on  or  before  the  first  day 
of  September;  provided,  that  in  each  school  district  having  a  superin- 
tendent of  schools,  the  annual  report,  except  the  receipts  and  expendi- 
tures of  money,  shall  be  made  by  the  superintendent.  (Passed  and 
approved  April  25,  1904.) 

Sec.  4053.  [Publication  of  receipts  and  disbursements  by  clerk.] 
The  board  of  education  of  each  district,  except  city  districts,  shall 
require  the  clerk  of  the  board  annually,  ten  days  prior  to  the  election 
for  members  of  the  board  of  education,  to  prepare  and  post  at  the  place 
or  places  of  holding  such  elections,  or  publish  in  some  newspaper  of 
general  circulation  in  the  district,  an  itemized  statement  of  all  money 
received  and  disbursed  by  the  treasurer  of  the  board  within  the  school 
year  last  preceding.  (Passed  and  approved  April  25,  1904.) 

Sec.  4054.  [Clerk  to  deliver  books,  etc.,  to  successor.]  Each 
clerk  shall,  at  the  expiration  of  his  term  of  office,  deliver  to  his  suc- 
cessor all  books  and  papers  in  his  hands  relating  to  the  affairs  of 
his  district,  including  certificates,  and  copies  thereof,  and  reports  of 
school  statistics,  filed  by  teachers.  (70  v.  195,  §  84.) 

Sec.  4055.  [How  treasurer  and  clerk  to  keep  accounts.]  The 
auditor  of  each  county  shall  furnish  to  the  clerk  and  treasurer  of  each 
school  district  in  his  county  a  suitable  blank  book,  made  according  to, 
the  form  prescribed  by  the  bureau  of  inspection  and  supervision  of 
public  offices,  in  which  each  shall  keep  an  account  of  the  school  funds 
of  his  district ;  the  clerk's  account  shall  show  the  amounts  certified  by 
the  county  auditor  to  be  due  the  district,  all  sums  paid  to  the  treasurer 
from  other  sources  on  his  order,  and  all  orders  drawn  by  him  on  the 
treasurer,  and  upon  what  funds  and  for  what  purposes  drawn ;  the 
treasurer's  accounts  shall  show  the  amounts  received  from  the  county 


132  OHIO    SCHOOL   LAWS. 


Ch.  10.  Enumeration,  Treasurer  and  Clerk. 

treasurer,  all  sums  received  from  other  sources  on  the  order  of  the 
clerk,  and  the  amounts  paid  out,  and  from  what  funds  and  for  what 
purposes  paid ;  and  a  separate  account  of  each  fund  shall  be  kept,  and 
each  account  shall  be  balanced  at  the  close  of  the  school  year,  and 
the  balance  in  the  treasurer's  hands  belonging  to  each  fund  shown. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4056.  [Compensation  of  treasurer  and  clerk.]  The  board 
of  education  of  each  school  district  shall  fix  the  compensation  of  its 
clerk  and  treasurer,  which  shall  be  paid  from  the  contingent  fund  of 
the  district;  if  the  clerk  and  treasurer  are  paid  annually  the  order  for 
the  payment  of  their  salaries  shall  not  be  drawn  until  said  clerk  and 
treasurer  shall  present  to  the  board  of  education  a  certificate  from  the 
county  auditor  stating  that  all  reports  required  by  law  have  been 
filed  in  his  office ;  if  the  clerk  and  treasurer  are  paid  semi-annually, 
quarterly,  or  monthly,  the  last  payment  on  their  salaries  previous  to 
August  31,  shall  not  be  made  until  all  reports  required  by  law  have 
been  filed  with  the  county  auditor  and  his  certificate  presented  to  the 
board  of  education  as  required  herein.  (Passed  and  approved  April 
25,  1904.) 


OHIO    SCHOOL   LAWS.  133 


Reports.  Ch.  11. 


CHAPTER  XL 


REPORTS. 


SECTION. 

4057.  Annual  report  by  board  of  education; 

its  contents. 

4058.  In  what  form  to  be  made,  etc. 

4059.  Reports     by     superintendents     ancj 

teachers. 

4060.  Duties     of    county     auditor    as     to 

school  statistics,  etc. 


SECTION. 

4061.  Penalties  against  auditor  and  clerk. 

4062.  When   auditor  to  appoint  person    to 

make  report. 

4063.  Further  penalties  against  auditor. 

4064.  Compensation  of  auditor. 


Sec.  4057.  [Annual  report  of  board  of  education;  its  contents.] 
The  board  of  education  of  each  district  shall  make  a  report  to  the 
county  auditor,  on  or  before  the  first  day  of  September  in  each 
year,  containing  a  statement  of  the  receipts  and  expenditures  of 
the  board,  the  number  of  schools  sustained,  the  length  of  time 
such  schools  were  sustained,  the  enrollment  of  pupils,  the  average 
monthly  enrollment,  and  average  daily  attendance,  the  number  of 
teachers  employed,  and  their  salaries,  the  number  of  school  houses 
and  school  rooms,  and  such  other  items  as  the  commissioner  of 
common  schools  may  require.  (1888,  April  n;  85  v.  192,  195;  Rev. 
Stat.  1880;  70  v.  195,  §  75;  S.  &  C.  1353.) 

Sec.  4058.  [In  what  form  to  be  made,  etc.]  The  report  shall  be 
made  on  blanks  which  shall  be  furnished  by  the  commissioner  of  com- 
mon schools  to  the  auditor  of  each  county,  and  by  the  auditor  to  each 
school  clerk  in  his  county ;  and  each  board  of  education,  or  officer  or 
employe  thereof,  or  other  school  officer  in  any  district  or  county, 
shall,  whenever  the  commissioner  so  requires,  report  to  him  direct, 
upon  such  blanks  as  he  shall  furnish,  any  statements  or  items  of  in- 
formation that  he  may  deem  important  or  necessary.  (70  v.  195,  §  75.) 

Sec.  4059.  [Reports  by  superintendents  and  teachers.]  Boards 
of  education  shall  require  all  teachers  and  superintendents  to  keep 
the  school  records  in  such  manner  that  they  may  be  enabled  to  report 
annually  to  the  county  auditor  and  state  commissioner  of  common 
schools,  as  required  by  the  provisions  of  this  title  and  shall  withl^Jd 
the  pay  of  such  teachers  and  superintendents  as  fail  to  file  the  reports 
required  of  them ;  the  records  of  each  school  shall,  in  addition  to  all 
other  requirements,  be  so  kept  as  to  exhibit  the  names  of  all  pupils 
enrolled  therein,  the  studies  pupsued,  shall  indicate  the  character 
of  the  work  done,  the  standing  of  each  pupil,  and  shall  be  as  near 
uniform  throughout  the  state  as  may  be  practicable;  said  boards 
may  require  superintendents  and  teachers  to  report  such  matters  as 


134  OHIO   SCHOOL  LAWS. 


Ch.  11.  Reports. 


they  deem  important  or  necessary  for  information  in  regard  to  the 
management  and  conduct  of  the  schools  and  to  make  such  suggestions 
and  recommendations  as  they  may  deem  advisable  relative  to  methods 
of  instruction,  school  management,  or  other  matters  of  educational 
interest ;  and  the  board  of  education  of  each  city  district  shall  pre- 
pare and  publish  annually  a  report  of  the  condition  and  adminis- 
tratjon  of  the  schools  under  its  charge,  and  include  therein  a  complete 
exhibit  of  the  financial  affairs  of  the  district.  (Passed  and  approved 
April  25,  1904.) 

Sec.  4060.  [Duties  of  county  auditor  as  to  school  statistics,  etc.] 
The  auditor  of  each  county  shall,  on  or  before  the  twentieth  day  of  Sep- 
tember, annually,  prepare,  and  transmit  to  the  commissioner  of 
common  schools  an  abstract  of  all  the  returns  of  school  statistics  made 
to  him  from  the  several  districts  in  his  county,  according  to  the  form 
prescribed  by  the  commissioner,  and  a  statement  of  the  condition  of 
the  institute  fund,  and  such  other  facts  relating  to  schools  and  school 
funds  as  the  commissioner  may  require ;  he  shall  also  cause  to  be  dis- 
tributed all  such  circulars,  blanks  and  other  papers,  including  school 
laws  and  documents,  in  the  several  school  districts  in  the  county, 
as  the  commissioner  may  lawfully  require ;  and  if  the  auditor  neglect 
to  prepare  and  return  any  of  the  abstracts  or  reports  herein  required 
the  county  commissioners  shall  withhold  from  him  all  compensation 
for  his  services  under  this  title.  (1888,  April  n  ;  85  v.  192,  195;  Rev. 
Stat.  1880;  70  v.  195,  §  123;  S.  &  S.  705.) 

Sec.  4061.  [Penalties  against  auditor  and  clerk.]  The  auditor 
shall  also  be  liable  on  his  bond  for  any  such  neglect,  in  a  sum 
not  less  than  three  hundred  nor  more  than  one  thousand  dollars, 
on  complaint  of  the  commissioner  of  common  schools;  and  if  the 
clerk  of  the  board  of  education  of  any  district  fail  to  make  the 
annual  returns  of  school  statistics  required  by  this  title,  to  the 
county  auditor,  he  shall  be  liable  on  his  bond  in  a  sum  not  less 
than  fifty  nor  more  than  three  hundred  dollars,  on  complaint  of 
the  county  auditor,  or  of  the  board  of  education,  to  be  recovered  in  a 
civil  action  in  the  name  of  the  state,  and  when  collected  to  be  paid 
in%  the  county  treasury,  and  applied  to  the  use  of  common  schools 
in  such  district.  (70  v.  195,  §  123 ;  S.  &  S.  706.) 

Sec.  4062.  [When  auditor  to  appoint  person  to  make  report.] 
Upon  the  neglect  or  failure  of  the  clerk  of  the  board  of  education 
of  any  district  to  make  the  reports  required  in  this  title,  and  by 
the  time  specified,  the  county  auditor  shall  appoint  some  suitable 
person,  resident  of  the  district,  to  make  such  reports,  who  shall 


OHIO   SCHOOL   LAWS.  135 


Reports.  Ch.  11. 


receive  the  same  compensation  therefor,  and  in  the  same  manner, 
as  is  allowed  by  law  for  like  services.  (70  v.  195,  §  123 ;  S.  &  S.  706.) 

Sec.  4063.  [Further  penalties  against  auditor.]  A  county  au- 
ditor who  willfully  or  negligently  fails,  in  any  year,  to  transmit  to 
the  commissioner  of  common  schools  the  abstract  of  enumeration 
required  by  section  forty  hundred  and  thirty-nine,  or  to  perform  any 
other  duty  required  of  him  under  this  title,  shall  be  liable  on  his  bond 
to  the  extent  of  twice  the  sum  lost  to  the  school  districts  of 
his  county  in  consequence  of  such  failure,  which  sum  shall  be  re- 
covered in  a  civil  action  against  him,  on  his  bond,  in  the  name  of 
the  state,  before  any  court  of  competent  jurisdiction;  and  the  money 
so  recovered  shall  be  paid  into  the  county  treasury,  for  the  benefit 
of  such  districts,  and  apportioned  in  the  same  manner  as  the  school 
funds  so  lost  would  have  been  apportioned.  (70  v.  195,  §§  81,  124.) 

Sec.  4064.  [Compensation  of  auditor.]  The  commissioners  of 
each  county  shall  allow  the  county  auditor,  annually,  a  reasonable 
compensation  for  his  services  under  this  title,  not  to  exceed  five  dollars 
for  each  city,  village,  special,  and  township  school  district  in  his  county 
to  be  paid  out  of  the  county  treasury ;  but  before  such  allowance  shall 
be  made  for  any  year  the  auditor  shall  present  to  the  commissioners  a 
statement,  officially  certified  and  signed  by  the  commissioner  of  com- 
mon schools,  that  he  has  transmitted  to  the  commissioner  all  reports 
and  returns  of  statistics  for  that  year  required  by  this  title.  (70  v. 
195,  §  125.) 


136 


OHIO   SCHOOL  LAWS. 


Ch.  12. 


Boards  of  Examiners. 


CHAPTER  XII. 


BOARDS    OF    EXAMINERS. 


SECTION. 

4065.  State    board;     their    appointment; 

terms;  vacancies. 

4066.  Power  to  issue  three  grades  of  life 

certificates;  record  thereof. 

4067.  Effect  thereof ;  may  be  revoked  for 

cause. 

4068.  Examination  fees,  their  disposition; 

compensation  of  members;  sta- 
tionery- 

4069.  County  boards;  appointment,  term, 

and  vacancies;  removals;  notice 
of  appointments;  disqualifica- 
tions. 

4070.  Organization    of  county   boards   of 

examiners;  reports  of  clerk; 
compensation  of  clerk. 

4071.  Meetings  for  examinations;  major- 

ity's power;-  examination  fee. 
4071a.     Uniform   system   of   examinations; 
preparation    and    distribution    of 
examination  questions. 

4072.  Disposition  of  fees. 

4073.  Granting  renewal  and  revocation  of 

certificates;  age  limit;  hearing 
on  revocation  of  certificates;  ex- 
penses. 

4«74.  Certificates  of  different  graded; 
prerequisites  to  employment; 
branches  of  study;  value  of  life 
certificates. 


SECTION. 

4075.  Compensation     and     expenses     of 

hoard. 

4076.  Annual    report   of    clerk,    and  his 

bond. 

4077.  Boards   of   examiners   in   city   dis- 

tricts; appointment  and  removal; 
filling  of  vacancies;  village  boards 
of  examiners  abolished. 

4078.  Standard      of      qualifications      for 

teachers;  examination  of  schools; 
law  governing  board  in  examin- 
ing teachers;  special  examiners; 
their  oath;  duty  of  school  super- 
intendents. 

4079.  Organization     of    board;     bond     of 

clerk. 

4080.  Meetings  for  examinations;  notice. 

4081.  Granting,    renewal    and    revocation 

of  certificates;  age  limit;  hear- 
ing on  revocation  of  certificate. 

4082.  Nature      of      certificates       to     be 

granted;  branches  of  study. 

4083.  Compensation   of  examiners;    inci- 

dental expenses. 

4084.  Records  and  reports;  duties  of  the 

clerk;  disposition  of  fees. 

4085.  Applicants  who  fail  may  appeal  to 

the  state  commissioner  of  com- 
mon schools;  method  of  proced- 
ure. 


STATE  BOARD  OF  EXAMINERS. 

/ 

Sec.  4065.  [State  board;  appointment;  term;  vacancies.]  There 
shall  be  a  state  board  of  examiners,  which  shall  consist  of  five  compe- 
tent persons,  resident  of  the  state,  to  be  appointed  by  the  state  com- 
missioner of  common  schools;  not  more  than  three  of  whom  shall  be- 
long to  the  same  political  party.  The  term  of  office  of  such  exam- 
iners shall  be  five  years ;  the  term  of  one  of  the  examiners  shall 
expire  on  the  3ist  day  of  August,  each  year,  [and  when  one  qf 
which  shall  expire  on  the  3ist  of  August  every  year,]  and  when 
a  vacancy  occurs  in  the  board,  whether  from  expiration  of  the  term 
of  office,  refusal  to  serve,  OF  other  cause,  the  commissioner  shall 
fill  the  same  by  appointment  for  the  full  or  unexpired  term,  as  the 
case  demands.  (1888,  April  16;  85  v.  330;  81  v.  95;  Rev.  Stat., 
1880;  70  v.  195,  §  85;  S.  &  S.,  709.) 

Sec.  4066.  [Power  to  issue  three  grades  of  life  certificates;  re- 
cord thereof.]  The  board  thus  constituted  may  issue  three  grades 
of  life  certificates  to  such  as  are  found  to  possess  the  requisite  schol- 
arship, and  who  exhibit  satisfactory  evidence  of  good  moral  char- 


OHIO   SCHOOL   LAWS.  137 


Boards  of  Examiners.  Ch.  12. 


acter  and  of  professional  experience  and  ability ;  the  certificates  shall 
be  for  different  grades  of  schools  according  to  branches  tauerht, 
and  shall  be  valid  in  the  schools  specified  therein.  The  clerk  of  the 
board  shall  keep  a  record  of  the  proceedings,  showing  the  number, 
date  and  grade  of  each  certificate,  to  whom  granted,  and  for  what 
branches  of  study,  and  shall  report  such  statistics  to  the  commis- 
sioner, annually,  on  or  before  the  3ist  day  of  August.  (1888,  April 
16;  85  v.  330;  78  v.  39;  Rev.  Stat,  1880;  70  v.  195,  §  86;  S.  &  S.,  709.) 

Sec.  4067.  [Effect  thereof;  may  be  revoked  for  cause.]  All  cer- 
tificates issued  by  such  board  shall  be  countersigned  by  the  com- 
missioner of  common  schools ;  and  such  certificates  shall  supersede 
the  necessity  of  any  and  all  other  examinations  of  the  persons 
holding  them,  by  any  board  of  examiners,  and  shall  be  valid  in  any 
school  district  in  the  state,  unless  revoked  by  the  state  board  for 
good  cause.  (70  v.  195,  §  87;  S.  &  S.,  709.) 

Sec.  4068.  [Examination  fees;  their  disposition;  compensation 
of  members;  stationery.]  Each  applicant  for  a  certificate  shall  pay 
to  the  board  of  examiners  a  fee  of  five  dollars ;  and  the  clerk  of  the 
board  shall  pay  to  the  state  treasurer,  all  fees  received,  and  file 
with  the  state  auditor  a  written  statement  of  the  amount.  Each 
member  of  the  board  shall  be  entitled  to  receive  five  dollars  for 
each  day  he  is  necessarily  engaged  in  official  service,  and  also  six 
cents  per  mile  each  way  for  traveling  from  and  to  his  place  of  res- 
idence, by  the  most  direct  route  of  public  travel  to  and  from  the 
places  of  meetings  of  the  board,  to  be  paid  out  of  the  state  treasury 
on  the  order  of  the  state  auditor;  all  books,  blanks  and  stationery 
required  by  the  board  shall  be  furnished  by  the  secretary  of  state. 
(1888,  April  16;  85  v.  330;  82  v.  100;  Rev.  Stat.,  1880;  70  v.  195, 
§88;S.  &  S.,  709.) 

COUNTY  EXAMINERS. 

Sec.  4069.  [County  boards;  appointment,  term,  and  vacancies; 
removals;  notice  of  appointment;  disqualifications.]  There  shall  be 
a  county  board  of  school  examiners  for  each  county,  which  shall 
consist  of  three  competent  persons  to  be  appointed  by  the  probate 
judge.  Two  of  such  persons  shall  have  had  at  least  two  years' 
experience  as  teachers  or  superintendents,  and  shall  have  been  with- 
in five  years,  actual  teachers  in  the  public  schools.  Each  person  so 
appointed  shall  be  a  legal  resident  of  the  county  for  which  he 
is  appointed,  and,  should  he  remove  from  the  county  during  his 
term,  his  office  shall  be  thereby  vacated  and  his  successor  be  ap- 
pointed. No  examiner  shall  teach  in,  be  connected  with,  or  be 
financially  interested  in  any  school  which  is  not  supported  wholly 


138  OHIO   SCHOOL   LAWS. 


Ch.  12.  Boards  of  Examiners. 


or  in  part  by  the  state,  or  be  employed  as  an  instructor  in  any 
teachers'  institute  in  his  own  county ;  nor  shall  any  person  be  ap- 
pointed to  the  position,  or  exercise  the  office  of  examiner  who  is 
agent  of  or  is  financially  interested  in  any  book  publishing  or  book- 
selling firm,  company  or  business,  or  in  any  educational  journal  or 
magazine.  If  an  examiner  becomes  connected  with  or  interested 
in  any  school  not  under  state  control,  or  is  employed  in  any  such 
institute  in  his  own  county,  or  becomes  an  agent  of  or  interested 
in  any  book  company  or  journal,  or  fails  to  hold  the  necessary 
teacher's  certificate,  or  removes  from  the  county,  the  probate 
judge  shall  forthwith,  upon  being  apprised  of  such  fact,  remove  such 
examiner  and  appoint  his  successor.  The  term  of  office  of  such  ex- 
aminer shall  be  three  years.  The  term  of  one  of  the  examiners 
shall  expire  on  the  thirty-first  day  of  August,  each  year;  but  the 
probate  judge  shall  revoke  the  appointment  of  any  examiner,  upon 
satisfactory  proof  that  he  is  inefficient,  intemperate,  negligent,  -guilty 
of  immoral  conduct,  or  that  he  is  using  his  office  for  personal  or 
private  gain.  When  a  vacancy  occurs  in  the  board,  whether  from 
expiration  of  the  term  of  office,  refusal  to  serve,  or  other  cause,  the 
probate  judge  shall  promptly  fill  the  same  by  appointment  for  the 
full  or  unexpired  term,  and  said  judge  shall,  within  ten  days,  report  the 
same  to  the  state  commissioner  of  common  schools,  together  with  the 
names  of  the  other  members  of  the  board  and  the  date  of  the  expiration 
of  their  several  terms  of  office.  The  members  of  county  boards  of  ex- 
aminers, as  now  constituted,  shall  serve  for  the  full  term  for  which 
they  were  appointed  unless  removed  for  cause  as  provided  for  in 
section  forty  hundred  and  sixty-nine  as  it  existed  previous  to  this 
enactment.  (Passed  and  approved  April  25,  1904.) 

Sec.  4070.  [Organization  of  county  boards  of  examiners;  re- 
ports of  clerk;  compensation  of  clerk.]  The  board  of  county  school 
examiners  shall  annually  in  the  month  of  September  organize  by 
choosing  from  its  members  a  president,  a  vice-president,  and  a  clerk ; 
the  president  shall  preside  at  all  the  meetings  of  the  board,  and 
in  his  absence  the  vice-president  shall  preside;  the  clerk  shall  keep 
a  full  and  accurate  record  of  the  proceedings  of  the  board,  showing 
the  number  and  date  and  character  of  each  certificate  issued,  and  to 
whom,  for  what  term,  and  for  what  branches  of  study,  and  such 
other  statistics  relating  to  the  examination  and  the  proceedings  of 
the  board  as  the  state  commissioner  of  common  schools  may  require, 
and  in  the  form  and  manner  he  may  require,  and  shall  make  a  report 
of  all  such  items  annually  on  or  before  the  first  day  of  September; 
the  clerk  shall  receive  for  his  services  as  clerk  four  dollars  for  each 
examination  of  sixty  applicants  or  less,  six  dollars  for  each  examin- 


OHIO   SCHOOL   LAWS.  139 


Boards  of  Examiners.  Ch.  12. 


ation  of  more  than  sixty  applicants  and  less  than  one  hundred,  eight 
dollars  for  each  examination  of  one  hundred  applicants  or  more,  to 
be  paid  out  of  the  county  treasury  on  the  order  of  the  county  auditor, 
but  no  order  shall  be  drawn  for  the  month  of  August  until  the  clerk 
produce  a  receipt  from  the  state  commissioner  of  common  schools 
that  he  has  filed  all  the  reports  for  the  year  required  by  said  com- 
missioner. The  board  shall  make  all  needful  rules  and  regulations 
for  the  proper  discharge  of  its  duties  and  the  conduct  of  its  work, 
subject  to  statutory  provisions  and  the  approval  of  the  state  com- 
missioner of  common  schools.  (Passed  and  approved  April  25,  1904.) 

Sec.  4071.  [Meetings  for  examinations;  majority's  power;  ex- 
amination fee.]  Each  board  shall  hold  public  meetings  for  the  ex- 
amination of  applicants  for  county  teachers'  certificates  on  the  first 
Saturday  of  every  month  of  the  year,  unless  Saturday  should  fall 
on  a  legal  holiday,  in  which  case,  said  examination  shall  be  held  on 
the  succeeding  Saturday,  at  such  place  or  places,  within  the  county 
as  will,  in  the  opinion  of  the  board,  best  accommodate  the  greatest 
number  of  applicants,  notice  of  which  shall  be  published  in  two  weekly 
newspapers  of  different  politics  printed  in  the  county,  if  there  are 
two  papers  thus  published,  if  not,  then  a  publication  in  one  only  is 
required.  In  no  case  shall  the  board  hold  any  private  examination 
or  ante-date  any  certificate.  A  majority  of  the  board  may  examine 
applicants  and  grant  certificates ;  and  as  a  condition  of  any  applicant 
being  admitted  to  take  the  examination,  each  such  applicant  shall 
pay  to  the  board  for  the  use  of  the  county  institute  a  fee  of  fifty 
cents.  (Passed  and  approved  April  25,  1904.) 

Sec.  40710.  [Uniform  system  of  examinations;  preparation  and 
distribution  of  examination  questions.]  After  the  first  day  of  Sep- 
tember, 1904,  the  questions  for  all  county  teachers'  examinations, 
throughout  the  state,  shall  be  prepared  under  the  direction  of  the 
state  commissioner  of  common  schools, and  sample  lists  shall  be  mailed, 
under  seal,  to  the  clerks  of  the  said  boards  of  examiners  not  less  than 
ten  days  before  each  examination.  Upon  the  receipt  of  said  lists,  the 
boards  are  authorized  and  required  to  have  a  sufficient  number  of 
copies  of  the  same  printed  for  use  in  the  examination.  Any  person 
connected  with  the  preparation,  printing,  distribution,  or  handling  of 
said  questions,  who  shall,  prior  to  the  examination  in  each  branch 
of  study,  make  the  same  public  in  any  manner  or  give  information 
in  regard  to  the  nature  or  character  of  the  questions  to  any  applicant 
for  a  certificate  or  other  person,  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars.  (Passed  and  approved 
April  25,  1904.) 


140  OHIO    SCHOOL   LAWS. 


Ch.  12.  Boards  of  Examiners. 


Sec.  4072.  [Disposition  of  fees.]  The  clerk  of  the  board  of 
county  school  examiners  shall  promptly  collect  all  .fees  from  applicants 
at  each  examination  and  pay  the  same  into  the  county  treasury  quar- 
terly, and  he  shall  file  with  the  county  auditor  a  written  statement 
of  the  amount,  and  the  number  of  applicants,  male  and  female,  ex- 
amined during  the  quarter;  and  all  such  money  thus  received  shall 
be  set  apart  by  the  auditor  for  the  support  of  county  teachers'  in- 
stitutes, to  be  applied  as  provided  for  in  chapter  thirteen  of  this 
title.  (Passed  and  approved  April  25,  1904.) 

Sec.  4073.  [Granting  renewal  and  revocation  of  certificates; 
age  limit;  hearing  on  revocation  of  certificate;  expenses.]  The 
county  board  of  school  examiners  may  grant  teachers'  certificates 
for  one,  two,  three,  five,  and  eight  years  from  the  day  of  the  examina- 
tion ;  and  said  certificates  shall  be  valid  in  all  village,  township,  and 
special  school  districts  of  the  county  wherein  they  are  issued,  but  in 
all  school  districts  situated  in  two  or  more  counties  teachers' 
certificates  obtained  in  either  county  shall  be  valid  in  such  districts. 
All  teachers'  certificates  granted  for  one,  two  or  three  years  shall 
be  regarded  as  provisional  certificates  and  shall  be  issued  only  in 
compliance  with  such  reasonable  regulations  and  standards  and  upon 
such  ratios  as  the  board  may  adopt,  but  no  such  certificate  shall  be 
renewed  except  upon  examination ;  provided,  that  when  any  teacher 
holding  a  two  year  certificate  and  having  for  the  last  five  years  pre- 
ceding been  continuously  engaged  in  teaching  in  the  same  county, 
said  teacher  shall  be  entitled  to  have  his  or  her  certificate  renewed 
by  passing  an  examination  in  theory  and  practice;  all  certificates 
granted  for  five  years,  or  eight  years,  shall  be  regarded  as  profes- 
sional certificates  and  shall  be  renewable  without  examination  at 
the  discretion  of  the  examining  board,  if  for  three  years  preceding  the 
date  of  the  application  the  holders  thereof  shall  have  been  engaged 
in  teaching,  not  less  than  twelve  months  of  such  time  being  spent 
in  the  same  district  and  the  board  of  examiners  being  satisfied  as 
to  the  moral  character  and  the  professional  attainments  of  the  holders 
thereof.  No  certificate  shall  be  issued  to  any  person  who  is  less 
than  eighteen  years  of  age ;  and  if  at  any  time  the  recipient  of  a 
certificate  be  found  intemperate,  immoral,  incompetent,  or  negligent, 
the  examiners,  or  any  two  of  them,  may  revoke  the  certificate ;  but 
such  revocation  shall  not  prevent  a  teacher  from  receiving  pay  for 
services  previously  rendered ;  but  before  any  hearing  is  had  by  a 
board  of  examiners  on  the  question  of  the  revocation  of  a  teacher's, 
certificate,  the  charges  against  the  teacher  shall  be  reduced  to  writing 
and  placed  upon  the  records  of  the  board,  and  the  teacher  shall  be 
notified  in  writing  as  to  the  nature  of  the  charges  and  the  time  set 


OHIO    SCHOOL   LAWS.  141 


Boards  of  Examiners.  Ch.  12. 


for  the  hearing,  such  notice  to  be  served  personally  or  at  his  resi- 
dence, and  the  teacher  snail  be  entitled  to  produce  witnesses  and  de- 
fend himself;  the  examining  board  shall  have  power  to  send  for  wit- 
nesses and  examine  them  on  oath  or  amrmation  touching  the  matter 
under  investigation,  and  said  oath  or  amrmation  may  be  administered 
by  any  member  of  the  board  of  examiners.  The  fees  and  the  per 
diem  of  examiners  for  conducting  such  investigation  at  three  dollars 
a  day  each  and  other  expenses  of  such  trial  shall  be  certified  to  the 
county  auditor  by  the  clerk  and  president  of  the  examining  board,  and 
be  paid  out  of  the  county  treasury  upon  the  order  of  the  auditor. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4074.  [Certificates  of  different  grades;  prerequisites  to  em- 
ployment; branches  of  study;  value  of  certain  life  certificates.]  From 
and  after  the  first  day  of  September,  1904,  three  kinds  of  teachers' 
certificates  only  shall  be  issued  by  county  boards  of  school  examiners ; 
said  kinds  of  teachers'  certificates  shall  be  styled  respectively  "Teach- 
er's Elementary  School  Certificate,"  which  shall  be  valid  for  all 
branches  of  study  in  schools  below  high  school  rank,  "Teacher's 
High  School  Certificate,"  which  shall  be  valid  for  all  branches  of 
study  in  recognized  high  schools  and  for  superintendents,  and  "Teach- 
er's Special  Certificate,"  which  shall  be  valid  in  schools  of  all  grades, 
but  only  for  the  branch  or  branches  of  study  named  therein.  From 
and  after  the  first  day  of  September,  1905,  no  person  shall  be  em- 
ployed or  enter  upon  the  performance  of  his  duties  as  a  teacher  in 
any  elementary  school  supported  wholly  or  in  part  by  the  state  in 
any  village,  township,  or  special  school  district  who  has  not  ob- 
tained from  a  board  of  school  examiners  having  competent  juris- 
diction a  certificate  of  good  moral  character  and  that  he  or  she  is 
qualified  to  teach  orthography,  reading,  writing,  arithmetic,  English 
grammar  and  composition,  geography,  history  of  the  United  States, 
including  civil  government,  physiology  including  narcotics,  literature, 
and  that  he  or  she  possesses  an  adequate  knowledge  of  the  theory 
and  practice  of  teaching;  and  no  person  shall  be  employed  or  enter 
upon  the  performance  of  his  duties  as  a  teacher  in  any  recognized 
high  school  supported  wholly  or  in  part  by  the  state  in  any  village, 
township,  or  special  school  district,  or  act  as  superintendent  of  school 
in  such  district,  who  has  not  obtained  from  a  board  of  examiners 
having  competent  jurisdiction  a  certificate  of  good  moral  character 
and  that  he  or  she  is  qualified  to  teach  literature,  general  history, 
algebra,  physics,  physiology  including  narcotics,  and,  in  addition 
thereto,  four  branches  elected  from  the  following  branches  of  study : 
Latin,  German,  rhetoric,  civil  government,  geometry,  physical  geog- 
raphy, botany,  and  chemistry;  and  that  he  or  she  possesses  an  ade- 


142  OHIO  SCHOOL   LAWS. 


Ch.  12.  Boards  of  Examiners. 


quate  knowledge  of  the  theory  and  practice  of  teaching;  and  no 
person  shall  be  employed  and  enter  upon  the  performance  of  his 
duties  as  a  special  teacher  of  music,  drawing,  painting,  penmanship, 
gymnastics,  German,  French,  the  commercial  and  industrial  branches, 
or  any  one  of  them,  in  any  elementary  or  high  school  supported  wholly 
or  in  part  by  the  state  in  any  village,  township  or  special  school  dis- 
trict, who  has  not  obtained  from  the  board  of  examiners  having  com- 
petent jurisdiction  a  certificate  of  good  moral  character  and  that  he 
or  she  is  qualified  to  teach  the  special  branch  or  branches  of  study, 
and  in  addition  thereto,  that  he  or  she  possesses  an  adequate  knowl- 
edge of  the  theory  and  practice  of  teaching;  provided,  that  county 
boards  of  school  examiners  are  authorized  to  recognize  or  renew,  at 
their  discretion,  in  the  appropriate  kind  and  for  the  same  length  of 
time  any  certificate  or  certificates,  held  by  teachers  who  may  apply 
for  such  recognition  or  renewal  prior  to  the  first  day  of  September, 
1905,  and  provided,  further,  that  no  person  holding  a  common  school 
life  certificate  issued  by  the  board  of  state  examiners  shall  be  required 
to  hold  any  other  certificate  to  teach  in  the  elementary  schools  of 
the  state,  nor  shall  any  holder  of  said  common  school  life  certificate 
be  required  by  any  board  to  be  examined  in  any  of  the  branches 
covered  by  said  certificate  in  order  to  be  granted  the  teachers'  high 
school  certificate  authorized  herein.  (Passed  and  approved  April 
25,  1904.) 

Sec.  4075.  [Compensation  and  expenses  of  board.]  Each  mem- 
ber of  the  county  board  of  school  examiners  shall  be  entitled  to 
receive  ten  dollars  for  each  examination  of  sixty  applicants  or  less, 
fourteen  dollars  for  each  examination  of  more  than  sixty  applicants 
and  less  than  one  hundred,  eighteen  dollars  for  each  examination 
of  one  hundred  applicants  or  more,  to  be  paid  out  of  the  county  treas- 
ury on  the  order  of  the  county  auditor ;  all  books,  blanks  and  station- 
ery required  by  the  board  shall  be  furnished  by  the  county  auditor; 
the  board  may  contract  for  the  use  of  suitable  rooms  in  which  to 
conduct  examinations,  for  the  printing  of  examination  questions, 
may  procure  fuel  and  light,  and  employ  janitors,  to  take  charge  of 
the  rooms  and  keep  them  in  order,  and  the  expenses  so  incurred, 
together  with  the  cost  of  advertising  required  by  section  forty  hun- 
dred and  seventy-one,  shall  be  paid  out  of  the  county  treasury  on 
orders  of  the  county  auditor,  who  shall  issue  such  orders  upon  the 
certificate  of  the  president  of  the  board,  countersigned  by  the  clerk. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4076.  [Annual  report  of  clerk  and  his  bond.]  The  clerk 
of  the  board  shall  prepare,  and  forward  to  the  state  commissioner 


OHIO    SCHOOL   LAWS.  143 


Boards  of  Examiners.  Ch.  12. 


of  common  schools,  on  or  before  the  first  day  of  September  in  each 
year,  a  statement  of  the  number  of  examinations  held  by  the  board, 
the  number  of  applicants  examined,  the  total  number  of  certificates 
granted,  and  the  number  for  each  term  mentioned  in  section  forty 
hundred  and  seventy-three,  the  amount  of  fees  received  and  paid  to 
the  county  treasurer,  the  amount  received  from  the  county  treasury 
by  the  members  of  the  board  for  their  services,  and  such  other  statis- 
tics and  information  in  relation  to  the  duties  of  the  board  as  said 
commissioner  may  require;  and  he  shall  deposit  with  the  county 
auditor  a  bond,  with  surety  to  be  approved  by  the  auditor,  in  the  sum 
of  three  hundred  dollars,  that  he  will  pay  into  the  county  treasury, 
quarterly,  the  examination  fees  received  by  the  board,  and  make  the 
statistical  returns  required  by  this  chapter.  (Passed  and  approved 
April  25,  1904.) 

CITY   EXAMINERS. 

Sec.  4077.  [Boards  of  examiners  in  city  districts;  appointment 
and  removal;  filling  of  vacancy;  village  boards  of  examiners 
abolished.]  There  shall  be  a  city  board  of  school  examiners  for  each 
city  school  district,  to  be  appointed  by  the  board  of  education  of  the 
district;  such  board  shall  consist  of  three  persons,  and  the  majority 
of  the  persons  appointed  shall  have  had  at  least  two  years'  practical  ex- 
perience in  teaching  in  the  public  schools  and  all  persons  appointed 
shall  be  otherwise  competent  for  the  position  and  residents  of  the 
district  for  which  they  are  appointed ;  the  term  of  office  of  such  ex- 
aminers shall  be  three  years ;  the  term  of  one-third  of  the  examiners 
shall  expire  on  the  thirty-first  day  of  August  each  year;  but  the  board 
of  education  may  revoke  any  appointment  upon  satisfactory  proof 
that  the  appointee  is  inefficient,  intemperate,  negligent,  or  guilty  of 
immoral  conduct ;  when  a  vacancy  occurs  in  the  board,  whether  from 
expiration  of  term  of  office,  refusal  to  serve,  or  other  cause,  the  board 
of  education  shall  fill  the  same  by  appointment  for  the  full  or  un- 
expired  term,  as  the  case  demands ;  and  within  ten  days  after  an  ap- 
pointment, the  clerk  of  the  board  of  education  shall  report  to  the  state 
commissioner  of  common  schools  the  name  of  the  appointee,  and 
whether  the  appointment  is  for  a  full  or  an  unexpired  term ;  provided, 
that  in  city  school  districts  that  now  have  a  board  of  city  school 
examiners  consisting  of  three  members,  the  members  of  the  same 
shall  serve  for  the  full  term  for  which  they  were  appointed ;  when  the 
board  does  not  consist  of  three  members  the  same  is  hereby  abolished 
and  a  new  board  shall  be  appointed,  the  members  to  serve  for  one, 
two  and  three  years  from  the  thirty-first  day  of  August  succeeding  the 
passage  of  this  act.  All  village  boards  of  examiners  are  hereby 


144  OHIO   SCHOOL   LAWS. 


Ch.  12.  Boards  of  Examiners. 


abolished,  but  certificates  issued  by  said  boards  shall  continue  in 
force  within  the  village  school  district,  for  the  full  time  for  which 
they  were  issued.  (Passed  and  approved  April  25,  1904.) 

Sec.  4078.  [Standard  of  qualification  for  teachers;  examina- 
tion of  schools;  law  governing  board  in  examining  teachers; 
special  examiners;  their  oath;  duty  of  school  superintendents.]  Each 
city  board  of  school  examiners  shall  determine  the  standard  of 
qualification  for  teachers,  and  may  examine  any  school  in  the  district 
when  such  examination  is  deemed  necessary  to  ascertain  a  teacher's 
qualifications,  but  in  the  examination  of  applicants  and  the  granting 
of  certificates  the  board  shall  be  governed  by  the  provisions  of 
section  forty  hundred  and  seventy-four,  and  to  secure  a  thorough 
examination  of  applicants  in  difficult  branches,  or  special  studies, 
the  board  may  secure  the  assistance,  temporarily,  of  persons  of  suf- 
ficient knowledge  in  such  branches  or  studies,  who  shall  promise  on 
oath  or  affirmation,  to  be  administered  by  the  clerk  of  the  board  of 
examiners,  to  perform  the  duties  of  examiner  faithfully  and  im- 
partially, and  superintendents  of  schools  shall  give  to  the  board  all 
necessary  information  in  reference  to  branches  and  special  studies 
to  be  taught,  and  the  branches  of  study  and  grades  of  school  which 
teachers  will  be  required  to  teach.  (Passed  and  approved  April 
25,  1904.) 

Sec.  4079.  [Organization  of  board;  bond  of  clerk.]  Each  city 
board  of  school  examiners  shall  organize  during  the  month  of  Sep- 
tember each  year  by  choosing  from  its  members  a  president,  a 
vice-president,  and  a  clerk ;  the  president  shall  preside  at  all  the  meet- 
ings of  the  board,  and  in  his  absence  the  vice-president  shall  preside ; 
the  clerk  shall  perform  all  the  duties  required  in  this  chapter  of  the 
clerk  of  the  board  of  county  school  examiners  in  so  far  as  said  duties 
apply,  and  shall  give  bond,  in  the  sum  of  three  hundred  dollars  with 
surety  to  be  approved  by  the  board  of  education,  conditioned  that 
he  will  perform  faithfully  the  duties  required  of  him  by  this  chapter, 
which  bond  shall  be  deposited  with  the  clerk  of  the  board  of  educa- 
tion. (Passed  and  approved  April  25,  1904.) 

Sec.  4080.  [Meetings  for  examinations;  notice.]  Each  board 
of  city  school  examiners  shall  hold  not  less  than  two  meetings  each 
year,  notice  of  which  shall  be  published  in  some  newspaper  of  general 
circulation  in  the  district,  and  the  expense  of  such  publication  shall 
be  paid  as  provided  in  section  forty  hundred  and  eighty-three,  and  all 
examinations  of  applicants  shall  be  conducted  at  the  meetings  of  the 
boards  thus  called,  and  the  examination  of  each  and  every  applicant 
shall  be  in  the  presence  of  at  least  two  members  of  the  board. 
(Passed  and  approved  April  25,  1904.) 


OHIO   SCHOOL   LAWS.  145 


Boards  of  Examiners.  Ch.  12. 


Sec.  4081.  [Granting,  renewal  and  revocation  of  certificates; 
age  limit;  hearing  on  revocation  of  certificate.]  Each  city  board  of 
school  examiners  may  grant  teachers'  certificates  for  one,  two,  three, 
five,  and  eight  years  from  the  day  of  examination;  and  said  certifi- 
cates shall  be  valid  within  the  district  wherein  they  are  issued.  All 
teachers'  certificates  granted  for  one,  two,  or  three  years,  shall  be 
regarded  as  provisional  certificates  and  shall  be  issued  only  in  com- 
pliance with  such  reasonable  regulations  and  standard  and  upon  such 
ratios  as  the  board  may  adopt,  but  no  such  certificate  shall  be  renewed 
except  upon  examination ;  provided,  that  when  any  teacher  holding 
a  two  year  certificate  and  having  for  the  last  five  years  preceding 
been  continuously  engaged  in  teaching  in  the  same  county,  said 
teacher  shall  be  entitled  to  have  his  or  her  certificate  renewed  by 
passing  an  examination  in  theory  and  practice ;  all  certificates  granted 
for  five  years,  or  eight  years,  shall  be  regarded  as  professional  certifi- 
cates and  shall  be  renewable  without  examination  at  the  discretion 
of  the  examining  board,  if  for  three  years  next  preceding  the  date  of  the 
application  of  the  holders  thereof  shall  have  been  engaged  in  teach- 
ing, not  less  than  twelve  months  of  such  time  being  spent  in  the  same 
district  and  the  board  being  satisfied  as  to  the  moral  character  and 
the  professional  attainments  of  the  holders  thereof.  No  certificate 
shall  be  issued  to  any  person  who  is  less  than  eighteen  years  of  age ; 
and  if  at  any  time  the  recipient  of  a  certificate  be  found  intemperate, 
immoral,  incompetent,  or  negligent,  the  examiners,  or  any  two  of 
them,  may  revoke  the  certificate ;  but  such  revocation  shall  not  pre- 
vent a  teacher  from  receiving  pay  for  services  previously  rendered ; 
and  before  any  hearing  is  had  by  a  board  of  examiners  on  the  question 
of  the  revocation  of  a  teacher's  certificate,  the  charges  against  the 
teacher  shall  be  reduced  to  writing  and  placed  upon  the  records  of 
the  board,  and  the  teacher  sha.ll  be  notified  in  writing  as  to  the  nature 
of  the  charges  and  the  time  set  for  the  hearing,  such  notice  to 
be  served  either  personally  or  at  his  residence,  and  the  teacher  shall 
be  entitled  to  produce  witnesses  and  defend  himself;  the  examining 
board  shall  have  power  to  send  for  witnesses  and  examine  them  on 
oath  touching  the  matter  under  investigation,  and  said  oath  or  affir- 
mation may  be  administered  by  any  member  of  the  board  of  ex- 
aminers. (Passed  and  approved  April  25,  1904.) 

Sec.  4082.  [Nature  of  certificates  to  be  granted;  branches  of 
study.]  The  provisions  of  section  forty  hundred  and  seventy-four 
of  the  Revised  Statutes  of  Ohio  relating  to  the  kinds  of  certificates 
authorized  to  be  issued  by  the  county  boards  of  school  examiners  for 
teachers  in  elementary  schools  and  high  schools,  and  for  superin- 
tendents shall  apply  to  city  boards  of  school  examiners ;  provided, 

10-S.  L. 


146  OHIO   SCHOOL  LAWS. 


Ch.  12.  Boards  of  Examiners. 


that  city  boards  of  school  examiners  may,  in  their  discretion,  require 
teachers  in  elementary  schools  to  be  examined  in  drawing,  music,  or 
German  if  such  subjects  are  a  part  of  the  regular  work  of  such 
teachers.  (Passed  and  approved  April  25,  1904.) 

Sec.  4083.  [Compensation  of  examiners;  incidental  expenses.] 
Each  city  board  of  education  shall  fix  the  compensation  of  the 
members  of  the  city  board  of  school  examiners  and  the  additional 
compensation  of  the  .clerk  of  the  board,  and  the  person  or  persons 
called  to  their  assistance,  furnish  the  necessary  books,  blanks  and  sta- 
tionery for  their  use,  and  designate  a  school  building  within  the  district 
in  which  they  shall  conduct  examinations,  and  to  cause  such  building 
to  be  lighted  and  heated  if  necessary ;  and  such  compensation,  and  the 
incidental  expenses  incurred  on  account  of  the  city  board  of  school 
examiners,  shall  be  paid,  by  order  of  the  board  of  education,  from 
the  contingent  fund  of  the  district.  (Passed  and  approved  April  25, 
1904.) 

Sec.  4084.  [Records  and  reports;  duties  of  the  clerk;  disposi- 
tion of  fees.]  The  clerk  of  the  city  board  of  school  examiners  shall 
keep  a  record  of  the  proceedings  of  the  board,  and  such  statistics  as  the 
state  commissioner  of  common  schools  may  require,  and  in  the  form  and 
manner  he  may  require,  and  shall  report  such  statistics  to  the  com- 
missioner annually,  on  or  before  the  first  day  of  September ;  he  shall 
pay  the  examination  fees  received  by  him  to  the  treasurer  of  the 
district  within  ten  days  after  each  meeting,  and  at  the  same  time 
file  with  the  clerk  of  the  board  of  education  a  written  statement 
of  the  amount,  and  also  a  statement  of  the  number  of  applicants, 
male  and  female,  examined,  and  the  number  of  certificates  granted, 
and  for  what  terms ;  and  the  fees  paid  to  the  treasurer  of  the  dis- 
trict shall  be  applied  to  the  support  of  teachers'  institutes,  as  pro- 
vided in  chapter  thirteen.  (Passed  and  approved  April  25,  1904.) 

Sec.  4085.  [Applicants  who  fail  may  appeal  to  the  state  com- 
missioner of  common  schools;  method  of  procedure.]  All  manu- 
scripts filed  as  answers  to  questions  propounded  to  any  applicant 
appearing  before  any  county  or  city  board  of  school  examiners,  shall  be 
promptly  considered  and  passed  upon  by  said  board  together  with 
the  results  of  oral  tests  if  any  and  such  other  information  which 
may  come  to  said  board  touching  the  fitness  of  any  applicant  for 
teaching  in  the  public  schools ;  and  said  board  shall  promptly  issue 
all  certificates  granted  to  successful  applicants  and  send  notices 
of  failure  to  those  who  fail  in  .the  examination,  if  such  there  be. 
All  such  manuscripts  shall  be  kept  on  file  for  sixty  days  by  the  mem- 
bers of  the  examining  board  propounding  the  questions,  and  if  within 
the  sixty  days  any  applicant  after  receiving  his  returns  from  the  ex- 


OHIO   SCHOOL   LAWS.  147 


Boards  of  Examiners.  Ch.  12. 


amination  has  cause  to  and  does  believe  that  he  has  been  discrim- 
inated against  and  his  manuscripts  unfairly  graded,  it  shall  be  his 
right  to  review  his  manuscripts  with  the  member  or  members  of 
the  board  having  the  same  in  charge,  and  if  after  such  inspection 
and  review  of  the  manuscripts,  he  is  still  of  the  opinion  that  said 
board  will  not  correct  the  error,  if  any,  and  issue  his  certificate,  he 
shall  have  the  right  to  appeal  his  case  to  the  state  commissioner  of 
common  schools  for  final  review.  Such  appeal  shall  be  in  the  form 
of  an  affidavit  setting  forth  the  facts  as  he  believes  them,  accompanied 
by  a  fee  of  one  dollar  to  cover  the  expenses  incident  to  said  appeal, 
and  requesting  that  the  matter  be  inquired  into ;  thereupon  the  said 
commissioner  shall  require  the  clerk  of  said  board  to  procure  and 
forward  said  manuscripts,  together  with  a  full  explanation  of  the 
reasons  for  the  board's  action,  and  if  upon  his  examination  of  all  the 
facts,  together  with  the  manuscripts,  he  finds  that  said  applicant 
was  denied  a  certificate  when  he  should  have  been  granted  one  and 
has  been  discriminated  against  by  the  board,  he  shall  order  the  board 
forthwith  to  issue  a  certificate  of  the  date  of  the  teachers'  examination 
attended  by  said  applicant  and  indicate  the  length  of  time  said  cer- 
tificate shall  be  valid,  but  if  upon  inspection  of  the  manuscripts  and 
reviewing  the  facts  submitted  he  shall  conclude  that  no  injustice 
has  been  done,  he  shall  so  notify  the  applicant  and  the  clerk  of  the 
board  of  examiners.  (Passed  and  approved  April  25,  1904.) 


148 


OHIO   SCHOOL    LAWS. 


Ch.  13. 


Teachers'  Institutes. 


CHAPTER  XIII. 


TEACHERS'  INSTITUTES. 


SECTION.  x 

4086.  Organization  of  county  teachers'  in- 

stitutes; election  of  officers;  term; 
vacancies;  duty  of  executive  com- 
mittee; bond;  when  election  to 
be  held. 

4087.  Payment  of  institute  fund   to  com- 

mittee. 

4088.  Report  of  secretary;   his  compensa- 

tion. 

4089.  Forfeiture  of  committee's  bond. 


SECTION. 

4090.  When  school  commissioner  may  hold 

institute. 

4091.  Teachers  may  dismiss  school  to  at- 

tend   institute;    compensation    for 
time,  when  allowed. 

4092.  Institutes  for  city  districts;  number 

of  days;  payment  of  expenses;  ap- 
propriation by  board  of  education. 

4093.  Repealed. 

4094.  Number  of  days  institute  must  con- 

tinue; reports. 


Sec.  4086.  [Organization  of  county  teachers'  institute;  elections, 
term,  duties  and  bond  of  officers.]  A  teachers'  institute  may  be  or- 
ganized in  any  county,  by  the  association  of  not  less  than  thirty  prac- 
tical teachers  of  the  common  schools  residing  therein,  who  shall  de- 
clare their  intention  in  writing  to  attend  such  institute,  the  purpose 
of  which  shall  be  the  improvement  of  such  teachers  in  their  profession  ; 
such  institute  shall  elect  annually,  by  ballot,  a  president,  secretary, 
and  one  member  of  an  executive  committee,  said  member  of  the  ex- 
ecutive committee  to  serve  for  a  term  of  three  years ;  provided,  that 
at  the  first  annual  election  held  after  the  organization  of  any  institute, 
there  shall  be  elected  three  members  of  the  executive  committee, 
the  one  receiving  the  highest  number  of  votes  to  serve  for  three  years ; 
the  one  receiving  the  next  highest  number  of  votes  to  serve  two  years ; 
and  the  one  receiving  the  next  highest  number  of  votes  to  serve  one 
year.  The  president  and  secretary  of  the  institute  shall  be  ex-officio 
members  of  the  executive  committee  and  shall  act  as  chairman  and 
secretary  of  said  committee.  Any  vacancy  in  the  office  of  president, 
secretary,  or  member  of  the  executive  committee  caused  by  death, 
resignation,  removal  from  the  county  or  other  cause,  may  be  filled 
by  the  executive  committee,  the  person  elected  to  fill  such  vacancy  to 
serve  until  the  next  annual  meeting  of  the  institute.  It  shall  be  the 
duty  of  this  executive  committee  to  manage  the  affairs  of  the  institute  ; 
which  committee  shall  enter  into  a  bond,  payable  to  the  state  of  Ohio, 
with  sufficient  surety,  to  be  approved  by  the  county  auditor  in  double 
the  amount  of  the  institute  fund  in  the  county  treasury,  for  the  benefit 
of  the  institute  fund  of  the  county,  and  conditioned  that  the  committee 
shall  account  faithfully  for  the  money  which  will  come  into  its  pos- 
sessioji,  and  make  the  report  to  the  commissioner  of  common  schools, 
required  by  section  four  thousand  and  eighty-eight,  and  such  election 
of  officers  shall  be  held  during  the  session  of  such  institute  and  at 


OHIO   SCHOOL  LAWS.  149 


Teachers'  Institutes.  Ch.  13. 


time  fixed  by  the  executive  committee  thereof,  of  which  election  at 
least  three  days'  notice  shall  be  given  the  members  of  such  institute 
by  posting  conspicuously  in  a  room,  where  such  institute  is  held,  a 
notice  of  the  time  and  place  of  holding  such  election  and  of  the  officers 
to  be  voted  for  at  such  election.  (95  v.  237;  92  v.  10;  84  v.  230; 
Rev.  Stat.  1880;  70  v.  195,  §  112.) 

Sec.  4087.  [Payment  of  institute  fund  to  committee.]  The  dec- 
laration and  bond  mentioned  in  section  forty  hundred  and  eighty-six 
shall  be  filed  with  the  county  auditor,  whereupon  the  auditor  shall 
give  to  the  institute  committee  an  order  on  the  county  treasurer  for 
the  amount  of  the  institute  fund  in  the  treasury;  and  any  portion  of 
said  fund  not  disbursed  by  the  committee  shall  be  returned  to  the 
county  treasury,  on  the  certificate  of  the  county  auditor.  (70  v.  195, 
§  112;  S.  &  8.709.) 

Sec.  4088.  [Report  of  secretary;  his  compensation.]  The  sec- 
retary shall,  within  five  days  after  the  adjournment  of  the  institute, 
report  to  the  state  commissioner  of  common  schools  the  number  of 
teachers  in  attendance  at  the  institute,  the  names  of  instructors  and 
lecturers  attending  said  institute,  the  amount  of  money  received  and 
disbursed  by  the  committee  and  such  other  information  relating  to 
the  institute  as  the  commissioner  may  require;  the  secretary  may  be 
allowed  compensation  not  to  exceed  ten  dollars  for  making  such 
report  and  for  his  services  as  secretary,  to  be  paid  out  of  the  institute 
fund  of  the  county,  but  no  other  compensation  shall  be  allowed  any 
officer  or  member  of  the  executive  committee ;  on  failure  to  make  such 
report,  the  secretary  shall  forfeit  and  pay  to  the  state  the  sum  of 
fifty  dollars.  (95  v.  238;  1888,  April  n;  85  v.  192,  196;  Rev.  Stat. 
1880;  7ov.  195,  §  112;  S.  &S.  709.)  v 

Sec.  4089.  [Forfeiture  of  committee's  bond.]  Upon  the  for- 
feiture of  the  committee's  bond,  the  prosecuting  attorney  of  the  county 
shall  prosecute  an  action  thereon,  in  the  name  of  the  state,  and  collect 
any  money  which  the  committee  may  have  failed  to  disburse  accord- 
ing to  law,  and  any  penalty  to  which  the  committee  may  be  liable 
under  this  chapter,  and  pay  the  same  into  the  county  treasury  to 
the  credit  of  the  institute  fund.  (70  v.  195,  §  112.) 

Sec.  4090.  [When  school  commissioner  may  hold  institute.] 
When  a  teachers'  institute  has  not  been  held  within  two  years  in  any 
county,  the  commissioner  of  common  schools  may  hold  or  cause  to 
be  held  therein  such  institute;  and  the  management  thereof  and  all 
proceedings  in  relation  thereto,  shall  be  the  same  as  hereinbefore 
provided,  except  that  the  written  declaration  required  shall  not  be 
necessary.  (70  v.  195,  §  114.) 


150  OHIO   SCHOOL  LAWS. 


Ch.  13.  Teachers'  Institutes. 


Sec.  4091.  [Teachers  may  dismiss  school  to  attend  institute; 
compensation  for  time,  when  allowed.]  All  teachers  of  the  public 
schools  within  any  county  in  which  a  county  institute  is  held  may 
dismiss  their  schools  for  one  week  for  the  purpose  of  attending  such 
institute,  and  when  such  institute  is  held  while  the  schools  are  in 
session  the  boards  of  education  of  all  school  districts  are  required 
to  pay  the  teachers  of  their  respective  districts  their  regular  salary 
for  the  week  they  attend  the  institute  upon  the  teachers  presenting 
a  certificate  of  full  regular  daily  attendance  at  said  institute  signed 
by  the  president  and  secretary  thereof;  the  same  to  be  paid  as  an  ad- 
dition to  the  first  month's  salary  after  said  institute  by  the  board  of 
education  by  which  said  teacher  is  then  employed,  or  in  case  he  is 
unemployed  at  the  time  of  the  institute,  then  by  the  board  next  em- 
ploying said  teacher,  provided  the  term  of  said  employment  begins 
within  three  months  after  said  institute  closes.  (Passed  and  approved 
April  25,  1904.) 

Sec.  4092.  [Institutes  for  city  districts;  number  of  days;  pay- 
ment of  expenses;  appropriation  by  board  of  education.]  The  board 
of  education  of  each  city  school  district  may  provide  for  holding  an 
institute  yearly,  for  the  improvement  of  the  teachers  of  the  common 
scjiools  therein ;  and  general  meetings  of  the  teachers  of  any  such  city 
district  held  upon  not  less  than  four  days  in  any  year,  whether  con- 
secutive days  or  not,  for  the  purpose  of  instruction,  shall  be  deemed 
to  constitute  a  teachers'  institute  for  said  city  district  within  the 
meaning  of  this  section ;  the  expenses  of  such  institute  shall  be  paid 
from  the  institute  fund  provided  for  by  section  forty  hundred  and 
eighty-four;  and  in  addition  to  this  fund  the  board  of  education  of 
any  district  may  expend  annually,  for  the  instruction  of  the  teachers 
of  said  district  in  an  institute  or  in  such  other  manner  as  it  may  pre- 
scribe, a  sum  not  to  exceed  five  hundred  dollars,  the  same  to  be  paid 
from  its  contingent  fund ;  if  the  board  of  any  district  do  not  provide 
for  such  institute  in  any  year,  it  shall  cause  the  institute  fund  in  the 
hands  of  the  district  treasurer  for  the  year  to  be  paid  to  the  treasurer 
of  the  county  wherein  the  district  is  situated,  who  shall  place  the 
same  to  the  credit  of  the  county  institute  fund,  and  the  teachers  of 
the  schools  of  such  district  shall  be  entitled,  in  such  case,  to  the  ad- 
vantages of  the  county  institute,  subject  to  the  provisions  of  the  pre- 
ceding section;  and  the  clerk  of  the  board  shall  make  the  report  of 
the  institute  required  by  section  forty  hundred  and  ninety-four. 
(Passed  and  approved  April  25,  1904.) 

Sec.  4093.       Repealed  April  25,  1904. 


OHIO   SCHOOL  LAWS.  151 


Teachers'  Institutes.  Ch.  13. 


Sec.  4094.  [Number  of  days  institutes  must  continue;  reports.] 
All  institutes  held  under  the  provisions  of  this  chapter  shall  continue 
at  least  four  days;  and  a  report  of  the  institute  held  in  pursuance 
of  the  provisions  of  section  forty  hundred  and  ninety-two  shall  be 
made  to  the  state  commissioner  of  common  schools  within  five  days 
after  the  adjournment  thereof,  which  shall  state  the  number  of  teachers 
in  attendance,  the  names  of  the  instructors  and  lecturers,  the  total 
expenses  of  the  institute,  and  the  portion  thereof  paid  from  institute 
funds,  and  such  other  information  relating  to  the  institute  as  the  com- 
missioner may  require.  (Passed  and  approved  April  25,  1904.) 


152  OHIO    SCHOOL   LAWS. 


Ch.  13a.  State  Normal  Schools. 


CHAPTER  Xllla. 

STATE  NORMAL  SCHOOLS. 
SECTION.  I   SECTION. 


4094-1.    State  normal  schools;  location. 
4094-2.    Organization,    control,    instruction. 
4094-3.    Tax  levy  for  "Ohio  and  Miami  uni- 
versity fund." 


4094-4.    How  funds  distributed. 

4094-5.  State  normal  school  commission, 
governor  to  appoint;  duties. 

4094-6.  Commission  to  make  report  to  gov- 
ernor. 


(4094-1)  Sec.  i.  [State  normal  schools;  location.]  That  there 
be  and  are  hereby  created  and  established  two  state  normal  schools 
to  be  located  as  follows:  One  in  connection  with  the  Ohio  univer- 
sity, at  Athens,  and  one  in  connection  with  the  Miami  university,  at 
Oxford.  (95  v.  45,  March  12,  1902.) 

(4094-2)  Sec.  2.  [Organization,  control,  instruction.]  The 
boards  of  trustees  of  said  universities  shall,  not  later  than  September, 
1903,  organize  at  their  respective  institutions  a  normal  school  which 
shall  be  co-ordinate  with  existing  courses  of  instruction,  and  shall  be 
maintained  in  such  a  state  of  efficiency  as  to  provide  proper  theoretical 
and  practical  training  for  all  students  desiring  to  prepare  themselves 
for  the  work  of  teaching;  said  normal  schools,  in  each  case,  being 
under  the  general  charge  and  management  of  the  respective  boards 
of  trustees  of  said  universities.  (95  v.  45,  March  12,  1902.) 

(4094-3)  Sec.  3.  [Tax  levy  for  "Ohio  and  Miami  university  fund".] 
To  enable  the  Ohio  university  and  the  Miami  university  to  organize 
and  support  said  normal  schools  there  shall  be  levied  annually  a  tax 
on  the  grand  list  of  the  taxable  property  of  the  state  of  Ohio,  which 
shall  be  collected  in  the  same  manner  as  other  state  taxes  and  the 
proceeds  of  which  shall  be  made  a  part  of  the  "Ohio  and  Miami  uni- 
versity fund,"  as  already  provided  for  (O.  L.,  Vol.  92,  pp.  40-41). 
The  rate  of  such  levy  shall  be  designated  by  the  general  assembly  at 
least  once  in  two  years,  and  if  the  general  assembly  shall  fail  to  desig- 
nate the  rate  for  any  year,  the  same  shall  be  for  the  said  "Ohio  and 
Miami  university  fund,"  one  thirtieth  (1-30)  of  one  mill  upon  each 
dollar  of  the  valuation  of  such  taxable  property.  (95  v.  45,  March 
12,  1902.) 

(4094-4)  Sec.  4.  [How  fund  distributed.]  The  said  "Ohio  and 
Miami  university  fund,"  as  herein  described,  shall  be  distributed  and 
paid  annually,  seven-twelfths  (7-12)  thereof  to  the  treasurer  of  the 
Ohio  university  upon  the  order  of  the  president  of  the  board  of 
trustees  of  the  said  Ohio  university  and  five-twelfths  (5-12)  thereof 


OHIO    SCHOOL   LAWS.  153 


State  Normal  Schools.  Ch.  13a. 


to  the  treasurer  of  the  Miami  university  upon  the  order  of  the  presi- 
dent of  the  board  of  trustees  of  said  Miami  university.  (95  v.  45, 
March  12,  1902.) 

(4094-5)  Sec.  5.  [State  normal  school  commission,  governor  to 
appoint.]  The  governor  is  hereby  authorized  and  required,  within 
ninety  days  after  the  passage  of  this  act,  to  appoint  a  board,  to  be 
known  as  the  state  normal  school  commission,,  consisting  of  four 
judicious  citizens  of  the  state,  not  more  than  two  of  whom  shall  be 
of  the  same  political  party,  who  shall  serve  without  compensation, 

[Duties.]  and  whose  duty  it  shall  be  to  make  investigation 
upon  the  need  and  advisability  of  the  future  establishment  by  the 
state  of  one  or  more  additional  normal  schools,  and  to  consider  in  what 
manner  and  to  what  extent  existing  educational  institutions  other 
than  those  now  supported  by  the  state  can  be  made  more  active  and 
effective  in  the  better  training  of  persons  for  service  in  the  public 
schools.  (95  v.  45,  March  12,  1902.) 

(4094-6)  Sec.  6.  [Commission  to  make  report  to  governor.] 
The  state  normal  school  commission  shall,  prior  to  the  meeting  of 
the  seventy-sixth  general  assembly,  (make  full  report  of  its  findings 
and  investigations  to  the  governor,  who  shall  upon  the  organization 
of  the  general  assembly  transmit  to  it  said  report  with  such  recom- 
mendations as  he  may  deem  proper.  (95  v.  46,  March  12,  1902.) 


154 


OHIO   SCHOOL    LAWS. 


Ch.  14. 


Colleges  and  Universities. 


CHAPTER  XIV. 


COLLEGES  AND  UNIVERSITIES. 


SECTION. 

4095.  Common  council  of  any  munici- 
pal corporation  may  accept  ed- 
ucational trusts. 

40%.         How  trust  funds  to  be  applied. 

4097.  Trusteeship  to  vest  In  city,  etc. 

4098.  Board  of  directors;  how  appointed. 

4098-1.  Appointment  of  trustees  of  uni- 
versities in  Cincinnati  supported 
by  taxation  in  whole  or  in  part. 

4099.  Powers  of  board;  duties  of  city  so- 

licitor. 

4100.  Citizens  not  to  be  charged  for  ad- 

mission   of    children;    non-resi- 
dents may  be  admitted. 

4101.  Accounts  of  receipts  and  expendi- 

tures of  endowment  fund;  how 
said  fund  may  be  invested. 

4102.  When  board  may  confer  degrees; 

certain  universities  denned. 

4103.  Site  and  grounds  for  universities. 

4104.  When  and  how  tax  may  be  levied. 

4105.  Trust    funds,    board   of   education 

to    act    as    trustee    in    certain 
cases;  tax  levy. 

4105-1.  Providing  for  the  sale  of  certain 
Ohio  university  lands. 

4105-2.     Owner  to  receive  deed;  form  of. 
4105-3.      Validity  of  such  deed. 
4105-4.      Registry  of  deed,  etc.,  to  be  kept. 
4105-5.      Proceeds  to  be  deposited  In  state 

treasury  and  become  irreducible 

trust  fund. 
4105-6.     Levy  and  collection   of  state  tax 

upon  lands  donated  to  Athens, 

Ohio,  university  for  use  of  said 

university. 
4105-7.      Tax  in  lieu  of  rents;  tax  collected 

from  railroad  companies  not  to 

include  tax  on  rolling  stock. 
4105-8      (Repeal.) 
4105-9.      Establishment  and  name  of  Ohio 

State  University. 

4105-10.    Style  and  powers  of  trustees. 
4105-11.    Further  powers  and  duties. 
4105-12.    Who  shall  be  admitted  as  pupils. 
4105-13.    Prerogative  of  the  trustees. 
4105-14.    Officers  of  the  board. 
4105-15.    Board  may  receive  devises  of  land, 

etc. 
4105-16.    Title  of  lands  to  be  vested  In  the 

state,  etc. 

4105-17.    Attorney  general  to  be  legal  ad- 
viser of  the  board. 
4105-18.    Location    of    the    college;    sundry 

provisos. 

4105-19.    Acceptance  of  ceded  lands. 
4106-20.    Compensation     for     damages     to 

lands  may  be  demanded. 
4105-21.    Title  of  lands   invested   in   trustees 

of  agricultural   college,   etc. 


SECTION. 

4105-22.  Division  of  unsold  lands  into 
tracts,  etc. ;  tracts  to  be  num- 
bered and  appraised. 

4105-23.  To  be  sold  at  private  or  public 
sale ;  contracts  of  sale  to  be  re- 
corded, etc. 

4105-24.  Trustees  of  Ohio  State  University 
may  erect  residence  for  faculty. 

4105-25.    Acts  repealed. 

4105-26.  Ohio  State  University;  establish- 
ment of  a  school  of  mines; 
course  of  study;  school  appara- 
tus, etc. 

4105-27.  Employment  and  duties  of  in- 
structors; cabinet  of  specimens 
to  be  kept. 

4105-28.    Appropriations. 

4105-29.  Support  of  Ohio  State  University 
Law  School. 

4105-30.  Ohio  State  University  department 
of  ceramics. 

4105-31.    Special  instruction. 

4105-32.    Laboratory. 

4105-33.    Expert. 

4105-34.    Appropriations. 

4105-35.  Written  analysis  to  be  furnished 
by  professor  of  chemistry  at  ag- 
ricultural college. 

4105-36.  To  be  known  as  "The  Ohio  State 
University." 

4105-37.  To  be  governed  by  board  of  seven 
trustees;  how  and  by  whom  ap- 
pointed. 

4105-38.  Their  terms  of  office;  to  be  paid 
their  expenses  while  engaged  in 
discharge  of  duties. 

4105-39.    Powers  and  duties  of  board. 

4105-40.    Collections  of  specimens. 

4105-41.    Meetings  of  board  of  trustees. 

4105-42.  Report  of  trustees;  when  made 
and  what  to  contain;  printing 
and  distribution  of  report. 

4105-43.  Funds  from  sale  of  land-scrip  to 
form  part  of  irreducible  debt, 
Interest  of  same  to  be  paid  uni- 
versity. 

4105-44.  Board  of  trustees  to  fix  compen- 
sation of  faculty,  teachers,  etc. 

4105-45.    Branches  prescribed  at  Ohio  State 

University. 
4105-46.    Computation    and    Investment    of 

interest. 
4105-47.    How  interest  Invested. 

4105-48.  Trustees  of  Ohio  State  University 
authorized  to  make  certain 
deeds. 

4105-49.    Duty  of  auditor  of  state. 

4105-50.  Relief  of  persons  who  wrongfully 
paid  for  land  in  Virginia  mili- 
tary district;  duty  of  auditor 
of  state. 


OHIO   SCHOOL   LAWS. 


155 


Colleges  and  Universities. 


Ch.  14. 


SECTION. 

4105-51.    Appropriations. 

4105-52.    Costs  of  obtaining1  evidence. 

4105-53.    Report  to  general  assembly. 

4105-54.  Normal  and  industrial  depart- 
ment of  Wilberforce  University. 

4105-55.  Board  of  trustees;  appointment 
by  governor,  etc.. 

4105-56.  Choosing  of  trustees  by  univer- 
sity board. 

4105-57.    Vacancies. 

4105-58.  Names  of  trustees  chosen  by  uni- 
versity board  to  be  certified  to 
governor. 

4105-59.  Meetings  of  trustees;  their  ex- 
penses. 


SECTION. 

4105-60.    Powers  and  duties  of  trustees. 

4105-61.  Non-sectarian  character  of  de- 
partment. 

4105-62.  Payment  to  university  of  state  ap- 
proportions;  bond  of  treasurer. 

4105-63.  Annual  report,  an  estimate  of  ap- 
propriations. 

4105-64.  Power  of  member  of  general  as- 
sembly to  designate  youth  for 
free  admission  to  such  depart- 
partment. 

4105-65.  Appropriations;  application  of 
revenues. 

4105-66.  Annual  appropriations  for  Wilber- 
force University. 


Sec.  4095.  [Common  council  of  any  municipal  corporation  may  ac- 
cept educational  trusts.]  The  board  of  directors  of  the  university, 
college  or  other  educational  institution  of  any  municipal  corporation, 
in  the  name  and  on  behalf  of  such  corporation,  may  accept  and  take 
any  property  or  funds  heretofore  or  hereafter  given  to  such  corpora- 
tion for  the  purpose  of  founding,  maintaining  or  aiding  a  university, 
college  or  institution  for  the  promotion  of  education,  and  upon  such 
terms,  conditions  and  trusts  not  inconsistent  with  law  as  the  said 
board  of  directors  may  deem  expedient  and  proper  for  that  end.  (Pass- 
ed April  23,  1904.  Approved  May  3,  1904.) 

Sec.  4096.  [How  trust  funds  to  be  applied.]  For  the  further 
endowment,  maintenance  and  aid  of  any  such  university,  college  or 
institution  heretofore  or  hereafter  founded,  the  board  of  directors 
thereof  may,  in  the  name  and  in  behalf  of  such  municipal  corporation, 
accept  and  take  as  trustee  and  in  trust  for  the  purposes  aforesaid  any 
estate,  property  or  funds  which  may  have  been  or  may  be  lawfully 
transferred  to  the  municipal  corporation  for  such  use  by  any  person, 
persons  or  body  corporate  having  the  same,  or  any  annuity  or  endow- 
ment in  the  nature  of  income  which  may  be  covenanted  or  pledged 
to  the  municipal  corporation,  towards  such  use  by  any  person,  persons 
or  body  corporate ;  and  any  person,  persons  or  body  corporate  having 
and  holding  any  estate,  property  or  funds  in  trust  or  applicable  for 
the  promotion  of  education,  or  the  advancement  of  any  of  the  arts  or 
sciences,  may  convey,  assign  and  deliver  the  same  to  such  -municipal 
corporation  as  trustee  in  his,  their  or  its  place,  or  covenant  or  pledge 
its  income  or  any  part  thereof  to  the  same ;  and  any  such  estate, 
property,  funds  or  income  shall  be  held  and  applied  by  such  municipal 
corporation  in  trust  for  the  further  endowment,  maintenance  and  aid 
of  such  university,  college  or  institution,  in  accordance  nevertheless 
with  the  terms  and  true  intent  of  any  trust  or  condition  upon  which 
the  same  was  originally  given  or  held.  (Passed  April  23,  1904. 
Approved  May  3,  1904.) 


156  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 


Sec.  4097.  [Trusteeship  to  vest  in  city,  etc.]  Upon  such  trans- 
fer and  the  acceptance  thereof  by  the  municipal  corporation  and  its 
successors,  as  trustees  shall  become  and  be  perpetually  obligated  and 
held  to  observe  and  execute  such  trust  in  all  respects  according  to 
any  other  or  further  terms  or  conditions  lawfully  agreed  upon  at  the 
time  of  such  transfer  and  acceptance;  and  any  court  having  jurisdic- 
tion of  the  appointment  of  trustees  of  such  trust  for  educational 
purposes,  may,  in  a  proceeding  for  that  purpose  duly  instituted  and 
had,  appoint  and  constitute  such  municipal  corporation  with  the  con- 
sent of  its  council,  trustee  of  the  estate,  property  and  funds  so  trans- 
ferred to  it,  and  may  dispense  with  bond  and  surety  upon  the  part  of 
the  municipal  corporation  for  the  performance  of  such  trust,  unless  the 
same  is  required  by  the  original  terms  or  conditions  thereof,  and  shall 
upon  the  due  transfer  and  acceptance  of  such  trust  by  the  municipal 
corporation,  release  and  fully  discharge  the  trustee,  or  trustees  so 
transferring  the  same;  and  any  acceptance  or  acceptances  by  such 
municipal  corporation  of  any  or  all  property,  funds,  rights,  trust 
estate  or  trusts  heretofore  given,  granted,  assigned,  or  otherwise  con- 
veyed or  transferred  to,  or  bestowed  upon  any  such  municipal  cor- 
poration or  to  or  upon  any  such  university,  college  or  institution  in 
good  faith,  and  which  are  still  held  and  retained  by  such  municipal 
corporation,  or  any  such  university,  college  or  institution,  shall  be 
held  and  deemed  to  be  valid  and  binding  as  to  all  parties.  (Passed 
April  23,  1904.  Approved  May  3,  1904.) 

Sec.  4098.  [Board  of  directors;  how  appointed.]  The  custody 
and  management  of  any  and  all  estates,  property,  or  funds  so  given, 
or  transferred  in  trust  to  said  city,  and  the  entire  administration 
of  any  and  all  such  trusts  so  accepted  by  the  common  council  thereof, 
and  any  university,  college,  or  institution  for  the  promotion  of  edu- 
cation heretofore  or  hereafter  so  founded  in  or  by  said  city,  except 
the  common  and  high  schools  thereof,  shall  be  committed  to  a  board 
of  nineteen  directors,  of  whom  the  mayor  of  the  city  shall  be  one, 
and  the  others  shall  be  appointed  by  the  common  council  from  per- 
sons of  approved  learning,  discretion,  and  fitness  for  the  office,  six 
of  whom  shall  be  appointed  from  persons  nominated  to  the  com- 
mon council  by  the  board  of  education  of  the  city,  and  twelve  from 
persons  nominated  to  the  common  council  by  the  superior  court  of 
said  city,  if  there  be  such  court ;  the  term  of  office  of  each  director 
shall  be  six  years.  Such  directors  shall  serve  until  the  election  or 
qualification  of  their  successors ;  and  any  vacancy  in  the  board  caused 
by  expiration  of  term,  resignation,  removal,  or  any  other  cause,  shall 
be  filled  by  appointment  herein  provided  for  the  unexpired  term.  The 
board  of  directors  shall,  at  the  first  regular  meeting  in  January,  elect 


OHIO   SCHOOL  LAWS.  157 


Colleges  and  Universities.  Ch.  14. 

a  chairman,  who  is  hereby  authorized  to  administer  the  oath  of  office 
to  any  director  so  appointed.  (1889,  April  13  ;  86  v.  292  ;  78  v.  178 ;  Rev. 
Stat.  1880;  67  v.  86,  §  3.) 

(4098-1)  [Appointment  of  trustees  of  universities  in  Cincinnati 
supported  by  taxation  in  whole  or  in  part.]  In  cities  of  the  first 
grade  of  the  first  class  all  vacancies  in  the  board  of  directors  or 
trustees  of  universities  supported  in  whole  or  in  part  by  public  taxa- 
tion upon  the  property  of  such  city,  shall  be  filled  by  appointment 
by  the  judge  or  judges  of  the  superior  court  of  such  cities  where  the 
same  have  a  court;  otherwise  by  the  judge  or  judges  of  the  common 
pleas  court  of  the  county  in  which  such  cities  are  located.  (89  v.  31.) 

Sec.  4099.  [Powers  of  board;  duties  of  city  solicitor.]  As  to 
all  matters  not  herein  or  otherwise  provided  by  law,  such  board  of 
directors  shall  have  all  the  authority,  power  and  control  vested  in 
or  belonging  to  such  municipal  corporation  as  to  the  management 
and  control  of  the  estate,  property  and  funds,  given,  transferred, 
covenanted  or  pledged  to  the  municipal  corporation  for  the  trusts 
and  purposes  aforesaid,  and  the  government,  conduct  and  control 
such  university,  college  or  institution ;  it  may  appoint  a  clerk  and  all 
agents  proper  and  necessary  for  the  care  and  administration  of  the 
trust  property,  and  the  collection  of  the  income,  rents  and  profits 
thereof;  it  may  appoint  the  president,  professors,  tutors,  instructors, 
agents  and  servants  necessary  and  proper  for  such  university,  college 
or  institution,  and  fix  their  compensation ;  it  may  provide  all  the  neces- 
sary buildings,  books,  apparatus,  means  and  appliances,  and  may  pass 
all  such  by-laws,  rules  and  regulations  concerning  the  president,  pro- 
fessors, tutors,  instructors,  agents,  and  servants,  and  the  admission, 
government  and  tuition  of  students,  as  it  may  deem  wise  and  proper, 
and  it  may,  by  suitable  by-laws,  delegate  and  commit  the  admission, 
government,  management  and  control  of  the  students,  courses  of 
studies,  discipline  and  other  internal  affairs  of  such  university,  college 
or  institution,  to  a  faculty  which  the  board  of  directors  may  appoint 
from  among  the  professors. 

The  solicitor  of  such  municipal  corporation  shall,  whenever  re- 
quested so  to  do  by  resolution  of  said  board,  prosecute  and  defend, 
as  the  case  may  be,  for  and  in  behalf  of  the  corporation,  all  com- 
plaints, suits  and  controversies  in  which  the  corporation  or  such 
board  is  a  party,  and  which  relate  to  any  property,  funds,  trusts, 
rights,  claims,  estate  or  affairs,  which  shall  or  may  be  under  the 
control  or  direction  of  said  board,  or  which  shall,  in  any  manner, 
relate  to  the  conduct  or  government  of  such  university,  college  or 
institution.  (Passed  April  23,  1904.  Approved  May  3,  1904.) 


158  OHIO   SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 

Sec.  4100.  [Citizens  not  to  be  charged  for  admission  of  children; 
non-residents  may  be  admitted.]  Citizens  of  such  municipality  shall 
not  be  charged  for  instruction  in  the  academic  department,  except  in 
professional  courses  therein.  Such  board  of  directors  may  charge  fees 
to  students  in  other  departments  and  to  students  in  professional 
courses  in  the  academic  department,  and  shall  have  power  in  its  dis- 
cretion from  time  to  time  to  make  such  university,  college  or  insti- 
tution free  in  any  or  all  of  its  departments  to  citizens  of  such  county 
in  which  such  university,  college  or  institution  may  be  located.  The 
board  of  directors  may  in  their  discretion  receive  other  students  on 
such  terms  as  to  tuition  or  otherwise  as  they  may  see  fit.  (Passed 
April  23,  1904.  Approved  May  3,  1904.) 

Sec.  4101.  [Accounts  of  receipts  and  expenditures  of  endowment 
fund;  how  said  fund  may  be  invested.]  The  accounts  of  such  trust 
estate,  property  and  funds,  and  of  the  income  and  expenditure  thereof, 
shall  be  kept  by  the  auditor  of  such  municipal  corporation  entirely 
distinct  from  all  other  accounts  or  affairs  of  the  municipal  corporation, 
and  the  moneys  shall  be  kept  by  the  treasurer  of  the  municipal  cor- 
poration distinct  from  other  moneys.  And  the  said  board  of  directors 
shall,  at  all  times,  confine  their  disbursements  for  current  expenses 
within  the  income  of  the  trust,  estate,  property  and  funds,  and  shall 
annually  report  to  the  mayor  and  council  of  such  municipal  corpora- 
tion a  full  statement  of  the  accounts  of  administration  of  such  trust 
and  other  funds ;  and  said  board  of  directors  is  hereby  authorized  to 
invest  any  part  of  the  funds  belonging  to,  or  set  apart  for  the  use  of 
such  university,  college  or  institution,  or  to  any  department  thereof, 
as  it  may,  from  time  to  time,  deem  proper,  in  bonds  of  the  United 
States  or  of  the  State  of  Ohio,  or  of  any  municipal  corporation  in  the 
State  of  Ohio,  or  any  county  or  school  district  in  the  State  of  Ohio, 
or  in  any  other  bonds  or  first  mortgage  securities  approved  by  the 
board  of  directors ;  and  said  board  is  further  authorized  to  use  any 
funds  under  its  control  for  the  improvement  of  real  estate  belonging 
to,  or  set  apart  for  the  use  of,  such  university,  college  or  institution. 
(Passed  April  23,  1904.  Approved  May  3,  1904.) 

Sec.  4102.  [When  board  may  confer  degrees;  certain  universities 
defined.]  The  board  of  directors  of  such  university,  college  or  in- 
stitution, may,  upon  the  recommendation  of  the  faculty  thereof,  confer 
such  degrees  and  honors  as  are  customary  in  universities  and  colleges 
in  the  United  States,  and  such  others  as  with  reference  to  the 
course  of  studies  and  attainments  of  the  graduates  in  special  depstrt- 
ments  it  may  deem  proper. 

A  university  supported  in  whole  or  in  part  by  municipal  taxa- 
tion, is  hereby  defined  as  an  assemblage  of  colleges  united  under  one 


OHIO   SCHOOL   LAWS.  159 


Colleges  and  Universities.  Ch.  14. 


organization  or  management,  affording  instruction  in  the  arts,  sciences 
and  the  learned  professions,  and  conferring  degrees.  (Passed  April 
23,  1904.  Approved  May  3,  1904.) 

Sec.  4103.  [Site  and  grounds  for  universities.]  The  council  of  any 
such  municipal  corporation  may  set  apart,  or  appropriate  as  a  site  for 
the  buildings  and  grounds  of  any  such  university,  college  or  institu- 
tion, any  public  grounds  of  the  city  not  especially  appropriated  or 
dedicated  by  ordinance  to  any  other  use,  any  other  law  to  the  contrary 
notwithstanding;  and  the  board  of  education  of  any  such  municipal 
corporation  may  also,  for  a  like  purpose,  set  apart,  convey  or  lease 
for  a  term  of  years,  any  grounds  or  building  owned  or  controlled  by 
such  board  of  education.  Any  grant  for  the  use  of  such  grounds  or 
buildings  heretofore  or  hereafter  made  by  any  council  or  board  of 
education,  may  be  modified,  changed  or  extended  as  to  the  time  when 
the  same  shall  take  effect  and  be  in  force,  or  otherwise,  by  agreement 
between  said  council,  or  board  of  education,  and  the  board  of  directors 
of  such  university,  college  or  institution,  and  said  council  shall  be 
taken  and  held  to  be  the  representative  of  such  municipal  corporation 
vested  with  the  title,  right  of  possession  and  entire  control  of  such 
property  for  the  purposes  of  a  new  grant.  (Passed  April  23,  1904. 
Approved  May  3,  1904.) 

Sec.  4104.  [When  and  how  tax  may  be  levied  for  universities 
in  municipal  corporations;  astronomical  observatory.]  The  council 
may  assess  and  levy  annually  taxes  on  all  the  taxable  property  of 
such  municipal  corporation  to  the  amount  of  three-tenths  of  one  mill 
on  the  dollar  valuation  thereof,  to  be  applied  by  said  board  to  the 
support  of  such  university,  college  or  institution,  and  may  also  levy 
and  assess  annually  five  one-hundredths  of  one  mill  on  the  dollar  valu- 
ation thereof,  for  the  establishment  and  maintenance  of  an  astronomi- 
cal observatory,  or  for  other  scientific  purposes,  to  be  determined  by 
the  board  of  directors  and  to  be  used  in  connection  with  such  uni- 
versity, college  or  institution,  the  proceeds  of  which  shall  be  applied 
by  the  board  of  directors  for  such  purposes  exclusively ;  provided, 
however,  that  the  taxes  specified  in  this  section  shall  only  be  levied 
and  assessed  when  the  chief  work  of  such  university,  college  or 
institution,  is  the  maintenance  of  courses  of  instruction,  in  advance 
of  or  supplementary  to  the  instruction  authorized  to  be  maintained 
in  high  schools  by  boards  of  education.  Said  levies  shall  be  made 
by  council  at  the  same  time,  and  in  the  same  manner  as  other  levies 
for  other  municipal  purposes,  and  shall  be  certified  by  council,  and 
placed  upon  the  tax  duplicate  in  the  same  manner  as  other  municipal 
levies.  The  funds  of  any  such  university,  college  or  institution  shall 


160  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 

be  paid  out  by  the  treasurer  upon  the  orders  of  the  board  of  directors 
and  the  warrant  of  the  auditor.  (Passed  April  23,  1904.  Approved 
May  3,  1904.) 

Sec.  4105.  [Trust  funds,  board  of  education  to  act  as  trustee 
in  certain  cases;  tax  levy.]  The  custody,  management  and  adminis- 
tration of  any  and  all  estates  or  funds,  given  or  transferred  in  trust 
to  any  municipality  for  the  promotion  of  education,  and  accepted  by 
the  council  thereof,  and  any  institution  for  the  promotion  of  educa- 
tion heretofore  or  hereafter  so  founded  other  than  a  university  as 
defined  by  this  act,  shall  be  committed  to,  and  exercised  by,  the  board 
of  education  of  the  school  district  including  such  municipality,  and 
such  board  of  education  shall  be  held  the  representative  and  trustee 
of  such  municipality  in  the  management  and  control  of  such  estates 
and  funds  so  held  in  trust  and  in  the  administration  of  such  institution, 
excepting  always  such  funds  and  estates  held  by  any  municipality 
which  are  used  to  maintain  a  university  as  defined  by  this  act.  And 
for  the  uses  and  purposes  of  such  board  of  education  in  administering 
such  trusts,  the  council  of  such  municipality  may  annually  levy  taxes 
on  all  the  taxable  property  of  such  municipal  corporation  to  the 
amount  of  three-tenths  of  one  mill  on  the  dollar  valuation  thereof. 
(Passed  April  23,  1904.  Approved  May  3,  1904.) 

OHIO  UNIVERSITY. 

(4105-1)  Sec.  i.  [Providing  for  sale  of  university  lands.]  The 
owner  of  the  lands  or  town  lots  held  under  leases  from  the  president 
and  trustees  of  the  Ohio  University,  or  held  under  sale-leases  or 
assignments  by  or  under  the  original  lessees,  may  pay  to  the  treasurer 
for  the  time  being  of  said  university,  such  sum  of  money,  as  being 
put  at  interest  at  six  per  cent,  will  yield  the  amount  of  rent  reserved 
in  the  original  lease,  or  in  case  of  a  division  of  the  original  tract  or 
parcel  leased,  will  equal  the  proper  aliquot  part  thereof,  or  the  part 
agreed  upon  by  the  several  owners ;  providing,  that  such  person  so 
surrendering  and  releasing  to  said  corporation  shall  pay  the  necessary 
expenses  incident  to  such  change  of  tenure,  and  procure  the  services 
of  an  agent  to  perform  the  necessary  labor  thereof ;  and  upon  payment 
of  such  sum  and  of  all  rents  due  upon  the  land,  the  treasurer  afore- 
said shall,  on  demand  of  such  owner,  give  him  a  certificate  of  such 
payment.  (80  v.  193.) 

(4105-2)  Sec.  2.  [Owner  to  receive  deed;  form  of.]  That  such 
owner,  upon  such  payment,  shall  be  entitled  to  receive  a  deed  of  con- 
veyance for  such  land  by  him  owned,  to  be  signed  by  the  president  of 
said  corporation,  countersigned  by  its  secretary,  and  sealed  with  the 


OHIO    SCHOOL   LAWS.  161 


Colleges  and  Universities.  Ch.  14. 


corporate  seal  of  the  university,  conveying  the  premises  in  fee  simple 
to  such  owner,  or  such  owner  may,  at  his  option,  demand  and  receive 
a  certificate  as  aforesaid ;  and  the  governor  of  Ohio,  upon  presentation 
thereof,  shall  execute  and  deliver  to  such  owner,  a  deed  in  due  form 
of  law  conveying  the  premises  in  fee  simple  to  such  owner.  (80 

v-  I93-) 

(4105-3-)  Sec.  3.  [Validity  of  such  deed.]  That  either  of  such 
deeds,  so  made,  shall  have  the  effect  in  law  and  in  fact  to  vest  in  the 
grantee  an  absolute  estate'  in  fee  simple  in  the  premises,  subject,  how- 
ever, to  all  liens,  equities,  or  rights  of  third  persons  in,  to  or  upon  the 
premises.  (80  v.  193.) 

(4105-4)  Sec.  4.  [Registry  of  deed,  etc.,  to  be  kept.]  It  shall 
be  the  duty  of  such  secretary  to  keep  an  accurate  registry  of  all  such 
payment,  certificates  and  deeds,  with  an  accurate  description  of  the 
tract  or  lot  of  land  so  paid  for  or  deeded  ;  and  thereafter,  the  lands  so 
deeded  shall  be  subject  to  taxation,  in  like  manner  as  other  freehold 
estates  in  said  county ;  and  the  original  leases  therefor,  in  so  far  as  re- 
gards the  land  so  deeded,  shall  cease  to  have  force  or  effect.  (80 
v.  I93-) 

(4105-5)  Sec.  5.  [Proceeds  to  be  deposited  in  state  treasury,  and 
become  irreducible  trust  fund.]  That  it  shall  be  the  duty  of  the  treas- 
urer of  the  Ohio  University,  on  or  before  the  first  day  of  January, 
next,  after  said  receipt  of  money,  to  deposit  the  same  in  the  state 
treasury  upon  the  certificate  of  the  state  auditor,  and  the  sum  so  de- 
posited shall  be  added  to  the  irreducible  trust  funds  held  by  the  state 
for  education  purposes,  and  interest  thereon  shall  be  paid  semi- 
annually  to  the  treasurer  of  said  university,  upon  the  requisition  of 
the  state  auditor.  (80  v.  10,3.) 

(4105-6)  Sec.  i.  [Levy  and  collection  of  state  tax  upon  lands 
donated  to  Athens  University  for  use  of  said  university.]  Hereafter  a 
state  tax  or  a  tax  equal  to  the  state  tax  upon  like  property,  shall  be 
levied  and  collected  upon  all  lands  donated  to  the  Ohio  University,  sit- 
uated at  Athens,  Ohio,  and  held  by  lease  from  said  university  or  by 
deed  from  the  governor  or  the  said  university,  including  such  parts  of 
said  lands  as  are  or  may  be  owned,  occupied  or  used  by  railroad  com- 
panies as  roadbeds,  roadways,  station  houses,  or  for  other  purposes ; 
and  the  said  taxes  when  collected  shall  be  paid  over  by  the  treasurer  of 
Athens  county,  upon  the  warrant  of  the  auditor  of  said  county,  to  the 
treasurer  of  the  Ohio  University,  for  its  use.  (82  v.  115.) 

(4105-7)  Sec.  2.  [Tax  in  lieu  of  rents;  tax  collected  from  rail- 
road companies  not  to  include  tax  upon  rolling  stock.]  That  the  tax 
so  to  be  collected  upon  lands  so  held  by  lease,  shall  be  in  lieu  of  so 
11— s.  L. 


162  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 

much  of  the  rents  due  to  the  university ;  and  the  tax  so  to  be  collected 
from  railroad  companies,  and  paid  to  the  university,  shall  not  include 
the  tax  upon  rolling  stock.  (82  v.  115.) 

(4105-8)  Sec.  3.  [Repeal.  |  That  the  act  entitled  "an  act  to  re- 
fund to  the  Ohio  University  certain  funds  in  the  state  treasury,  and  to 
provide  for  the  future  payment  of  the  claims  of  said  university,"  passed 
March  25,  1875,  be  and  is  hereby  repealed,  saving  however,  all  rights 
vested  or  required  under  said  act.  (82  v.  115.) 

OHIO    STATE    UNIVERSITY. 

(4105-9)  Sec.  i.  [Establishment  and  style  of  college.]  A  col- 
lege, to  be  styled  the  Ohio  Agricultural  and  Mechanical  College,  is 
hereby  established  in  this  state,  in  accordance  with  the  provisions 
of  an  act  of  congress  of  the  United  States,  passed  July  2d,  1862, 
entitled  "an  act  donating  public  lands  to  the  several  states  and  terri- 
tories which  may  provide  colleges  for  the  benefit  of  agricultural  and 
mechanic  arts,"  and  said  college  to  be  located  and  controlled  as  here- 
inafter provided.  The  leading  object  shall  be,  without  excluding 
other  scientific  and  classical  studies,  and  including  military  tactics, 
to  teach  such  branches  of  learning  as  are  related  to  agricultural  and 
mechanic  arts.  (67  v.  20.) 

(4105-10)  Sec.  4.  [Style  and  powers  of  trustees.]  The  trustees 
and  their  successors  in  office  shall  be  styled  the  "Board  of  trustees  of 
the  Ohio  Agricultural  and  Mechanical  College,"  with  the  right  as 
such,  of  suing  and  being  sued,  of  contracting  and  being  contracted 
with,  of  making  and  using  a  common  seal,  and  altering  the  same  at 
pleasure.  (67  v.  20.) 

(4105-11)  Sec.  5.  [Further  powers  and  duties.]  The  board  of 
trustees  shall  have  power  to  adopt  by-la\.s,  rules  and  regulations  for 
the  government  of  said  college ;  to  elect  a  president ;  to  determine  the 
number  of  professors  and  tutors,  elect  the  same,  and  fix  their  salaries. 
They  shall  also  have  power  to  remove  the  president  or  any  professor 
or  tutor  whenever  the  interests  of  the  college,  in  their  judgment,  shall 
require ;  to  fix  and  regulate  the  course  of  instruction,  and  to  prescribe 
the  extent  and  character  of  experiments  to  be  made.  (67  v.  20.) 

(4105-12)  Sec.  7.  [Who  shall  be  admitted  as  pupils.]  The  col- 
lege shall  be  open  to  all  persons  over  fourteen  years  of  age,  subject 
to  such  rules  and  regulations  and  limitations,  as  to  numbers  from 
the  several  counties  of  the  state,  as  may  be  prescribed  by  the  board 
of  trustees;  provided,  that  each  county  shall  be  entitled  to  its  just 
proportion,  according  to  its  population.  The  board  may  provide  for 
courses  of  lectures,  either  at  the  seat  of  the  college  or  elsewhere  in 
the  state,  which  shall  be  free  to  all.  (67  v.  20.) 


OHIO    SCHOOL   LAWS.  163 


Colleges  and  Universities.  Ch.  14. 

(4105-13)  Sec.  8.  [Prerogative  of  the  trustees.]  The  board  of 
trustees  shall  have  the  general  supervision  of  all  lands,  buildings, 
and  other  property  belonging  to  said  college,  and  the  control  of  all 
expenses  therefor;  provided,  always,  that  said  board  shall  not  con- 
tract any  debt  not  previously  authorized  by  the  general  assembly  of 
the  state  of  Ohio.  (67  v.  20.) 

(4105-14)  Sec.  9.  [Officers  of  the  board.]  The  board  of  trustees 
shall  annually  elect  one  of  their  number  chairman,  and  in  the  ab- 
sence of  the  chairman  shall  elect  one  of  their  number  temporary 
chairman,  and  shall  have  power  to  appoint  a  secretary,  treasurer, 
and  librarian,  and  such  other  officers  as  the  interests  of  the  college 
may  require,  who  may  or  may  not  be  members  of  the  board ;  and 
shall  held  their  offices  for  such  term  as  said  board  shall  fix,  sub- 
ject to  removal  by  said  board,  and  shall  receive  such  compensation 
as  the  board  shall  prescribe.  The  treasurer  shall,  before  entering 
upon  the  duties  of  his  office  give  bond  to  the  state  of  Ohio  in  such 
sum  as  the  board  may  determine,  which  bond  shall  not  be  for  a 
less  sum  than  the  probable  amount  that  will  be  under  his  control 
in  any  one  year,  conditioned  for  the  faithful  discharge  of  his  duties  and 
the  payment  of  all  moneys  coming  into  his  hands,  said  bond  to  be 
approved  by  the  attorney  general  of  the  state.  (67  v.  20.) 

(4105-15)  Sec.  ii.  [Board  may  receive  devises  of  land,  etc.]  The 
board  of  trustees  shall  have  power  to  receive,  and  hold  in  trust,  for  the 
use  and  benefit  of  the  college,  any  grant  or  device  of  land,  and  any 
donation  or  bequest  of  money  or  other  personal  property,  to  be  ap- 
plied to  the  general  or  special  use  of  the  college;  all  donations  or 
bequests  of  money  shall  be  paid  to  the  state  treasurer,  and  invested 
in  the  same  manner  as  the  endowment  fund  of  the  college,  unless 
otherwise  directed  in  the  donation  or  bequest.  (67  v.  20.) 

(4105-16)  Sec.  13.  [Title  of  lands  to  be  vested  in  the  state,  etc.] 
The  title  for  all  lands  for  the  use  of  said  college,  shall  be  made  in  fee 
simple  to  the  state  of  Ohio,  with  covenants  of  seizin  and  warranty, 
and  no  title  shall  be  taken  to  the  state  for  the  purposes  aforesaid  until 
the  attorney  general  shall  be  satisfied  that  the  same  is  free  from  all 
defects  and  incumbrances.  (67  v.  20.) 

(4105-17)  Sec.  15.  [Attorney  general  to  be  legal  adviser  of  the 
board.]  The  attorney  general  of  the  state  shall  be  the  legal  adviser 
of  said  board  of  trustees,  and  he  shall  institute  and  prosecute  all 
suits  in  behalf  of  the  same,  and  shall  receive  the  same  compensation 
therefor  as  he  is  entitled  to  by  law  for  suits  brought  in  behalf  of  the 
asylums  of  the  state.  (67  v.  20.) 

(4105-18)  Sec.  17.  [Location  of  the  college;  sundry  provisos.] 
It  shall  be  the  duty  of  the  board  of  trustees  to  permanently  locate  said 


164  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 

agricultural  and  mechanical  college  upon  lands,  not  less  than  one  hun- 
dred acres,  which  in  their  judgment  is  best  suited  to  the  wants  and 
purposes  of  said  institution,  the  same  being  reasonably  central  in  the 
state,  and  accessible  by  railroad  from  different  parts  thereof,  having 
regard  to  healthiness  of  location,  and  also  regarding  the  best  interests 
of  the  college  in  the  receipt  of  moneys,  lands,  or  other  properties  don- 
ated to  said  college  by  any  county,  town,  or  individual,  in  considera- 
tion of  the  location  of  said  college  at  a  given  place ;  provided,  it  shall 
require  a  three-fifths  vote  of  the  trustees  to  make  said  location;  and, 
provided  further,  that  said  location  shall  be  made  on  or  before  the 
fifteenth  day  of  October,  1870 ;  provided,  further,  that  any  person  act- 
ing as  a  trustee,  who  shall  accept  or  receive,  directly  or  indirectly, 
any  sum  or  amounts  from  any  person  or  persons,  to  use  their  influence 
in  favor  of  the  location  of  said  college  at  any  particular  point  or  place, 
shall  be  held  to  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
by  any  court  of  competent  jurisdiction,  shall  be  fined  in  any  sum  not 
less  than  one  thousand  nor  more  than  ten  thousand  dollars  ;  provided, 
further,  that  in  the  location  of  said  college  the  said  trustees  shall  not 
in  any  event  incur  any  debt  or  obligation  exceeding  forty  thousand 
dollars ;  and  if,  in  their  opinion,  the  interests  of  the  college  cannot  be 
best  promoted  without  a  larger  expenditure  for  the  location  than  that 
sum,  then  they  may  delay  the  permanent  location  of  the  same  until 
the  third  of  Monday  of  January,  1871,  and  report  their  proceedings 
and  conclusions  to  the  general  assembly;  provided,  further,  that  said 
college  shall  not  be  located  until  there  are  secured  thereto  for  such 
location,  donations  in  money,  or  unincumbered  lands,  at  their  cash 
valuation,  whereon  the  college  is  to  be  located,  or  in  both  money  and 
such  lands,  a  sum  equal  to  at  least  one  hundred  thousand  dollars. 
(67  v.  120.) 

(4105-19)  Sec.  i.  [Acceptance  of  ceded  lands.]  The  unsurveyed 
and  unsold  lands  ceded  to  the  state  of  Ohio  by  a  certain  act  of  con- 
gress of  the  United  States,  approved  February  18,  1871,  situate  and 
being  in  the  Virginia  Military  district  between  the  great  Scioto  and 
the  Little  Miami  rivers  in  said  state,  be  and  the  same  are  hereby 
accepted  by  the  state  of  Ohio,  subject  to  the  provisions  of  said  act. 
(70  v.  107.) 

(4105-20)  Sec.  2.  [Compensation  for  damages  to  lands  may  be 
demanded,  etc.]  The  trustees  of  the  Ohio  agricultural  and  mechan- 
ical college  are  hereby  authorized  to  demand  from  all  persons  who 
have  destroyed  or  converted  any  timber  growing  upon  the  laiuN 
ceded  to  the  state  of  Ohio,  as  stated  in  the  act  to  which  this  is  sup- 
plementary, since  the  date  of  said  act  of  Congress  ceding  said  lands 
to  the  state  of  Ohio,  full  compensation  for  the  timber  so  destroyed 


OHIO  SCHOOL  LAWS.  165 


Colleges  and  Universities.  Ch.  14. 


or  converted,  and  for  all  damages,  and  if  payment  shall  be  refused, 
to  institute  proper  proceedings  in  the  name  of  said  Ohio  Agricultural 
and  Mechanical  College,  in  any  court  of  competent  jurisdiction,  to  re- 
cover the  same  with  damages  and  costs  of  suit;  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  timber  taken  from  the 
one  hundred  and  sixty  acres  by  any  person  who  shall  obtain  the  title 
to  the  same  under  section  three  of  this  act.  (70  v.  107.) 

(4105-21)  Sec.  3.  [Title  of  lands  invested  in  trustees  of  agricul- 
tural college,  etc.]  The  title  of  said  lands  is  hereby  vested  in  the 
trustees  of  the  Ohio  Agricultural  and  Mechanical  College  for  the 
benefit  of  said  college ;  and  said  trustees  are  hereby  required  to  cause 
a  complete  survey  of  said  lands  to  be  immediately  made,  and  a  cor- 
rect plat  thereof  to  be  returned  to  said  trustees,  and  to  ascertain 
and  set  off,  in  reasonably  compact  form,  by  accurate  boundaries  to 
each  occupant  who  was  in  actual  possession  of  and  living  upon  any 
of  said  lands  at  the  time  of  the  passage  of  said  act  of  Congress,  as 
provided  therein,  or  their  heirs  and  assigns,  a  tract  not  exceeding 
forty  acres ;  and  upon  the  payment,  by  the  claimant,  of  the  cost  of 
surveying  and  making  the  deed,  the  said  trustees  shall  make  and 
deliver  to  said  claimant  a  deed  for  said  tract ;  and  if  any  such  occu- 
pant shall  have  been  in  such  actual  possession  of  more  than  forty 
acres,  and  is  desirous  of  holding  the  same,  he  shall  be  entitled  to  have 
in  addition  to  said  forty  acres,  any  number  of  acres  not  exceeding, 
with  said  forty  acres,  the  number  of  one  hundred  and  sixty  acres,  to 
be  in  reasonably  compact  form,  by  paying  for  the  sard  excess  over 
forty  acres,  the  sum  of  one  dollar  per  acre ;  and  if  any  claimant  under 
the  provisions  of  this  act  shall  desire  to  purchase  any  tract  of  land 
adjoining  said  forty  acres,  not  exceeding,  including  said  forty  acres, 
the  amount  of  one  hundred  and  sixty  acres,  of  which  said  claimant 
shall  have  been  in  actual  possession,  but  does  not  desire  to  purchase 
the  same  at  one  dollar  per  acre,  said  trustees,  upon  notice  by  said 
claimant,  shall  cause  said  tract  or  part  of  tract  to  be  sold  separate 
from  other  tracts  of  land  at  a  valuation  fixed  upon  by  the  appraisers 
named  in  this  act,  payable  one-third  at  the  date  of  the  survey,  and 
the  residue  in  two  equal  annual  installments,  with  interest  at  six  per 
cent.,  payable  annually,  and  upon  full  payment  being  made  with  the 
cost  of  survey  and  conveyance,  said  trustee  shall  make  and  deliver  to 
such  claimant,  his  or  her  heirs  or  assigns,  a  deed  for  said  excess 
over  said  forty  acres;  provided,  that  any  person  claiming  the  benefit 
of  the  provisions  of  this  section  as  occupant,  shall  comply  in  all  re- 
spects with,  and  be  subject  to  the  provisions  of  the  thirteenth  section 
of  the  act  of  Congress,  approved  September  4,  1841,  entitled  an  act 
to  appropriate  the  proceeds  of  the  sales  of  the  public  lands  and  to 


166  OHIO  SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 

grant  pre-emption  rights,  and  to  the  rules  and  regulations  of  the  gen- 
eral land  office  of  the  United  States  relating  to  proof  for  the  establish- 
ment of  pre-emptor's  claims ;  provided,  however,  that  the  affidavit  re- 
quired by  said  thirteenth  section  of  said  act  of  Congress  may  be 
made  before  any  justice  of  the  peace  or  other  officer  authorized  to 
administer  oaths.  (70  v.  107.) 

(4105-22)  Sec.  4.  [Division  of  unsold  lands  into  tracts,  etc.; 
tracts  to  be  numbered  and  appraised.]  All  the  unsurveyed  and  un- 
sold lands  in  said  military  district,  not  occupied  as  aforesaid,  shall  be 
divided  by  said  trustees  into  such  tracts,  not  exceeding  five  hundred 
acres  in  any  one  boundary,  as  will  be  most  advantageous,  reference 
being  had  to  the  quality  of  said  lands  and  the  uses  to  which  they 
will  be  applied ;  the  boundaries  to  all  such  tracts  and  divisions  shall 
be  accurately  surveyed,  and  the  lines  of  each  tract  plainly  marked, 
and  substantial  stone  monuments  firmly  placed  at  the  principal  cor- 
ners. The  character  of  the  soil,  water  courses,  elevation  of  hills,  tim- 
ber, ledges,  or  stratas  of  the  Waverly  building  stone,  iron  ore,  fire 
clay,  and  limestone,  shall  be  fully  noted  by  the  surveyors  on  their 
plats  and  in  their  field  books.  All  the  tracts  so  divided  and  surveyed 
shall  be  numbered  in  consecutive  order,  commencing  with  the  tracts 
in  Adams  county,  and  so  continuing  until  all  said  lands  in  said  dis- 
trict shall  be  platted  and  numbered ;  which  number  shall  be  shown 
upon  the  plats,  and  the  said  plats  shall  correctly  indicate  all  township 
lines.  The  said  lands,  when  so  divided,  surveyed  and  numbered, 
shall  be  appraised  in  separate  tracts  at  their  true  value  in  money, 
by  three  qualified  freehold  residents  in  said  state,  to  be  summoned 
by  said  trustees,  or  any  committee  of  theirs.  Said  appraisers  before 
entering  upon  their  duties,  shall  take  and  subscribe  an  oath  before 
competent  authority  honestly  and  impartially  to  appraise  all  such 
lands,  and  to  perform  all  other  duties  in  relation  thereto ;  they  shall 
each  be  paid  two  dollars  a  day  for  their  services,  and  their  expenses 
allowed  them ;  they  shall  make  due  return  of  all  their  appraisements 
to  said  trustees,  which,  with  all  said  plats  and  surveys,  shall  be  de- 
livered by  them  to  the  auditor  of  state,  and  the  same  shall  be  recorded 
in  the  office  of  said  auditor  in  suitable  books  to  be  provided  for  such 
purpose ;  which,  with  all  such  original  plats,  surveys,  and  papers, 
shall  form  a  part  of  the  public  records  of  the  state  in  the  hind  de- 
partment of  said  office.  (70  v.  107.) 

(4105-23)  Sec.  5.  [To  be  sold  at  private  or  public  sale;  con- 
tracts of  sale  to  be  recorded,  etc.]  And  the  said  trustees  are  hereby 
authorized  and  required  to  sell  all  of  said  lands  at  public  or  private 
sale,  at  a  price  not  less  than  the  appraised  value  thereof,  on  such 
terms  for  cash  and  credit  as  may  be  agreed  upon  between  the  pur- 


OHIO  SCHOOL  LAWS.  167 


Colleges  and  Universities.  Ch.  14. 


chaser  and  said  trustees,  or  any  authorized  agent  of  theirs ;  provided, 
that  the  first  payment  shall,  in  every  case,  be  not  less  than  one-third 
of  the  appraised  value  of  such  tract ;  all  deferred  payments  shall  bear 
six  per  cent,  interest,  to  be  paid  annually,  and  said  trustees  may,  in 
their  discretion,  extend  subsequent  annual  payments  through  a  period 
not  exceeding  five  years.  All  public  sales  of  said  lands  shall  be  by 
auction,  at  the  front  door  of  the  court  house  of  the  county  in  which 
these  lands  so  offered  lie,  after  having  been  advertised  five  consecutive 
weeks  in  a  newspaper  published  and  generally  circulated  in  such 
county;  such  notices  of  sale,  shall  contain  a  sufficient  description  of 
the  premises  to  clearly  identify  the  same,  with  a  statement  of  the 
terms  of  payment  and  the  amount  of  appraisement,  and  all  such  pub- 
lic sales  shall  be  made  at  such  times  as  said  trustees  shall  deem  ex- 
pedient; and  in  case  such  land  or  any  tract  thereof  shall  not  sell  for 
the  amount  of  the  appraisement  at  such  public  sale,  then  upon  the 
same  being  again  offered  as  aforesaid  at  public  sale,  the  same  may 
be  sold  for  any  sum  not  less  than  three-fourths  of  the  appraisement ; 
provided,  that  no  trustee  of  said  college  or  appraiser  of  said  land 
shall  be  the  purchaser  of  any  of  said  lands  at  any  such  sale  or  sales, 
either  directly  or  indirectly.  The  said  trustees  shall  cause  all  contracts 
for  the  sale  of  said  lands  to  be  printed  or  written  in  a  book  or  books, 
stating  the  consideration  and  terms  of  all  sales,  which  said  contracts 
shall  be  signed  in  duplicate  by  the  said  trustees  or  any  authorized 
agent  of  theirs,  and  by  the  p'urchaser  or  purchasers,  one  copy  of 
which  shall  be  preserved  in  said  book,  and  the  other  shall  be  de- 
livered to  the  purchaser  at  the  time  the  same  shall  be  signed ;  and 
every  purchaser  shall  execute  his  promissory  note  or  notes,  with  in- 
terest, payable  as  aforesaid,  for  all  deferred  payments,  which  notes 
shall  be  non-negotiable,  and  payable  to  said  college  at  such  place  or 
places  as  may  be  directed  by  said  trustees;  and  upon  full  payment 
being  made  by  the  purchaser,  his  heirs  'or  assigns,  for  any  such  land, 
every  such  person  shall  be  entitled  to  receive  a  conveyance  therefor 
in  fee  simple  by  deed  of  said  trustees,  executed  by  the  president  of 
the  board,  under  the  corporate  seal  of  said  college ;  and  all  lands  dis- 
posed of  under  the  provisions  of  this  act,  shall  be  returned  by  said 
trustees  to  the  auditor  of  the  counties  in  which  they  are  situate,  and 
by  them  be  placed  on  the  duplicate  for  taxation.  (70  v.  107.) 

(4105-24.)  [Trustees  of  Ohio  State  University  may  erect  resi- 
dences for  faculty.]  The  proceeds  of  the  sales  of  such  lands,  or  so 
much  thereof  as  may  be  necessary,  after  the  payment  out  of  the  same 
of  all  the  necessary  expenses  of  survey  and  sale  remaining  uncertified 
into  the  treasury  of  said  state,  may  be  used  by  said  trustees  in 
building  and  maintaining  upon  the  lands  of  said  university  a  suitable 


168  OHIO   SCHOOL   LAWS. 


Oh.  14.  Colleges  and  Universities. 


number  of  houses,  adapted  to  use  as  family  residences,  for  the  use 
of  members  of  the  faculty  of  said  university,  for  which  use  a  fair 
and  reasonable  rent  shall  be  paid  to  said  university.  Said  buildings 
shall  be  erected  under  the  provisions  of  title  six  of  the  Revised 
Statutes  of  Ohio ;  and  the  said  trustees  shall  annually  report  to  the  gov- 
ernor a  detailed  statement  of  receipts  and  disbursements  in  the  ex- 
ecution of  the  trusts  under  the  provisions  of  this  act.  (1882,  April 
17;  79  v.  144;  Rev.  Stat.  1880;  70  v.  107.) 

(4105-25)  Sec.  7.  [Acts  repealed.]  The  act  entitled  an  act  to 
sell  lands  ceded  to  the  state  of  Ohio  by  the  Congress  of  the  United 
States  by  act  of  Congress,  approved  February  18,  1871,  passed 
March  26,  1872,  and  the  act  supplementary  thereto  and  amendatory 
thereof,  passed  April  29,  1872,  be  and  they  are  hereby  repealed ;  pro- 
vided, that  the  passage  of  this  act  shall  in  no  wise  affect  the  validity 
of  the  transactions  erf  said  board  of  trustees,  or  rights  vested  in  any 
person,  under  the  provisions  of  said  acts;  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage.  (70  v.  107.) 

(4105-26)  Sec.  i.  [Ohio  State  University;  establishment  of  a 
school  of  mines;  course  of  study;  apparatus,  etc.]  The  trustees  of 
the  Ohio  State  University  be  and  they  are  hereby  required  to  estab- 
lish in  said  university,  a  school  of  mines  and  mine  engineering,  in 
which  shall  be  provided  the  means  for  studying  scientifically  and 
experimentally  the  survey,  opening,  ventilation,  care  and  working  of 
mines;  and  said  school  shall  be  provided  with  a  collection  of  draw- 
ings, illustrating  the  manner  of  opening,  working,  and  ventilating 
mines,  and  with  the  necessary  instruments  for  surveying,  measuring 
air,  examining  and  testing  the  noxious  and  poisonous  gases  of  mines, 
and  also  with  the  models  of  the  most  improved  machinery  for  ven- 
tilating and  operating  all  the  various  [kinds]  of  mines  with  safety 
to  the  lives  and  health  of  those  engaged.  Said  school  shall  also  be 
provided  with  complete  mining  laboratories  for  the  analysis  of  coals, 
ores,  fire  clays  and  other  minerals,  and  with  all  the  necessary  appa- 
ratus for  testing  the  various  coals,  ores,  fire  clays,  oils,  gases,  and 
other  minerals.  (1888,  April  4;  85  v.  155;  Rev.  Stat.  1880;  74  v.  216.) 

(4,105-27)  Sec.  2.  [Employment  and  duties  of  instructors;  cabi- 
net of  specimens  to  be  kept.]  Said  trustees  shall  employ  compe- 
tent persons  to  give  instruction  in  the  most  improved  and  success- 
ful methods  of  opening,  [and  operating]  surveying  and  inspecting 
mines,  including  the  methods  and  machinery  employed  for  extract- 
ing coal,  ore,  fire  clay,  oil,  gas  and  other  minerals  from  the  pit's 
inruith  and  for  facilitating  the  ascent  and  descent  of  workmen,  the 
draining  and  freeing  of  mines  from  water,  the  causes  of  the  vitiation 
of  air,  the  quantities  of  fresh  air  required  under  various  circumstances, 


OHIO   SCHOOL  LAWS.  169 


Colleges  and  Universities.  Ch.  14. 

natural  ventilation,  mechanical  ventilation  by  flues  and  fans,  and  other 
ventilating  machinery,  the  use  of  air  engines,  air  compressors  and  coal 
cutting  machinery ;  also  instruction  in  the  various  uses  of  coals,  ores, 
fire  clays,  oils,  gases  and  other  minerals,  and  the  methods  of  test- 
ing, analyzing  and  assaying  such  minerals ;  also  the  methods  em- 
ployed in  metallurgical  and  other  processes  in  the  reduction  of  ores 
and  in  determining  the  qualities  of  metals,  particularly  iron  and 
steel,  as  shown  by  practical  and  laboratory  tests;  and  there  shall 
be  kept  in  a  cabinet  properly  arranged  for  ready  reference  and  ex- 
amination, suitably  connected  with  said  school  of  mines  samples  of 
the  specimens  from  the  various  mines  in  the  state,  which  may  be 
sent  for  analysis,  together  with  the  names  of  the  mines  and  their 
localities  in  the  counties  from  which  they  were  sent,  and  the  analysis 
and  a  statement  of  their  properties  attached  (it  shall  also  be  his  duty 
to  furnish  analysis  of  all  minerals  found  in  the  state  and  sent  to  him 
for  that  purpose  by  residents  of  this  state).  (1888,  April  4;  85  v.  155 ; 
Rev.  Stat.  1880;  74  v.  216.) 

(4105-28)  Sec.  3.  [Appropriation.]  There  is  hereby  appro- 
priated out  of  the  general  revenue  fund  the  sum  of  three  thous- 
and five  hundred  dollars  to  be  expended  in  the  equipment,  support 
and  maintenance  of  said  school  of  mines  as  provided  for  in  the  first 
and  second  sections  of  this  act.  (1888,  April  4;  85  v.  155;  Rev.  Stat. 
1880;  74  v.  216.) 

(4105-29)  Sec.  i.  [Support  of  Ohio  State  University  law  school.] 
The  board  of  trustees  of  the  Ohio  State  University  are  hereby  author- 
ized and  empowered  to  appropriate  annually,  for  the  period  of  ten 
years,  to  the  support  and  maintenance  of  the  school  of  law  of  the  Ohio 
State  University,  out  of  the  fund  derived  under  section  3951  of  the 
Revised  Statutes  of  Ohio,  amended  March  20,  1891  (88  O.  L.,  159), 
a  sum  not  exceeding  five  thousand  dollars,  in  addition  to  the  sum 
derived  from  the  tuition  fees  of  the  students  in  said  school  of  law. 
(90  v.  253.) 

(4105-30)  Sec.  i.  [Ohio  State  University  department  of  ceram- 
ics.] The  trustees  of  the  Ohio  State  University  be  and  they  are 
hereby  required  to  establish  in  said  university  a  department  of  ceram- 
ics, equipped  and  designed  for  the  technical  education  of  clay, 
cement  and  glass  workers,  in  all  branches  of  the  art  which  exist 
in  this  state,  or  which  can  be  profitably  introduced  and  maintained 
in  this  state  from  the  mineral  resources  thereof,  including  the  manu- 
facture of  earthenwares,  stonewares,  yellowwares,  whitewares,  china, 
porcelain  and  ornamental  pottery,  also  the  manufacture  of  sewer 
pipe,  fireproofing,  terracotta,  sanitary  claywares,  electric  conduits 
and  specialties,  firebricks  and  all  refractory  materials,  glazed  and 


170  OHIO  SCHOOL  LAWS. 


Ch.  14.  Colleges  and  Universities. 

enameled  bricks,  pressed  bricks,  vitrified  paving  material,  as  well 
as  the  most  economic  methods  in  the  production  of  the  coarser  forms 
of  bricks  used  for  building  purposes ;  also  the  manufacture  of  tiles 
used  for  paving,  flooring,  decorative  wall-paneling,  roofing  and  drain- 
ing purposes,  also  the  manufacture  of  cement,  concrete,  artificial 
stone  and  all  kinds  of  glass  products  and  all  other  clay  industries 
represented  in  our  limits.  (91  v.  164.) 

(4105-31)  Sec.  2.  [Special  instruction.]  Said  department  shall 
offer  special  instruction  to  clay  workers  on  the  origin,  composition, 
properties  and  testing  of  clays,  the  selection  of  materials  for  differ- 
ent purposes,  the  mechanical  and  chemical  preparation  of  clays,  the 
laws  of  burning  clays,  the  theory  and  practice  of  the  formation  of 
clay  bodies,  slips  and  glazes,  and  the  laws  which  control  the  for- 
mation and  fusion  of  silicates.  (91  v.  164.) 

(4105-32)  Sec.  3.  [Laboratory.]  Said  department  shall  be  pro- 
vided with  an  efficient  laboratory  designed  especially  for  the  practical 
instruction  of  clay  workers  in  the  list  of  subjects  enumerated  in  the 
second  section  of  this  act,  and  also  equipped  to  investigate  into  the 
various  troubles  and  defects  incident  to  every  form  of  clay  working, 
which  cannot  be  understood  or  avoided  except  by  use  of  such  scien- 
tific investigation.  Said  laboratory  shall  be  equipped  with  apparatus 
for  chemical  analysis,  with  furnaces  and  kilns  for  pyrometric  and 
practical  trials,  with  such  machinery  for  the  grinding,  washing  and 
preparation  of  clays  for  manufacture  as  is  consistent  with  the  char- 
acter of  the  department.  (91  v.  164.) 

(4105-33)  Sec.  4.  [Expert.]  Said  trustees  shall  employ  to  con- 
duct this  department  of  ceramics  a  competent  expert,  who  shall  unite 
to  the  necessary  education  and  scientific  requirements,  a  thorough 
practical  knowledge  of  clay  working,  and  not  less  than  two  years' 
actual  experience  in  some  branch  of  the  art.  It  shall  be  his  duty  to 
teach  the  theoretical  part  of  the  subject  and  to  conduct  the  laboratory 
for  the  instruction  of  students,  and  also  to  prosecute  such  scientific 
investigation  into  the  technology  of  the  various  clay  industries  as  may 
be  practicable,  and  from  time  to  time  to  publish  the'  results  of  his 
investigations  in  such  form  that  they  will  be  accessible  to  the  clay 
workers  of  the  state  for  the  advancement  of  the  art.  (91' v.  164.) 

(4105-34)  Sec.  5.  [Appropriations.]  There  shall  be  hereafter 
appropriated  out  of  the  general  revenues  of  the  state  the  sum  of 
five  thousand  dollars,  to  be  expended. in  the  organization,  equipment 
and  maintenance  of  said  department,  as  provided  for  in  the  first  four 
sections  of  this  act,  for  the  current  'year,  and  there  shall  be  appro- 
priated from  the  same  fund  the  sum  of  two  thousand  five  hundred 
dollars  annually  for  two  years  for  the  s_alary,  supplies  and  all  other 
expenses  of  maintenance  of  said  department.  (91  v.  164.) 


OHIO   SCHOOL  LAWS.  171 


Colleges  and  Universities.  Ch.  14. 

(4105-35)  Sec.  2.  [Written  analysis  to  be  furnished  by  professor 
of  chemistry  at  agricultural  college.]  It  shall  be  the  duty  of  the 
professor  occupying  the  chair  in  the  chemical  and  mechanical  depart- 
ment of  the  Ohio  agricultural  and  mechanical  college,  upon  appli- 
cation,, to  make  and  give  a  written  analysis  of  such  artificial  fertil- 
izers as  may  be  furnished  to  him  for  that  purpose.  (75  v.  91.) 

(4105-37)  Sec.  i.  [To  be  known  as  "The  Ohio  State  Univer- 
sity."] The  educational  institution  heretofore  designated  as  the  Ohio 
Agricultural  and  Mechanical  College  shall  be  known  and  designated 
hereafter  as  "The  Ohio  State  University."  (75  v.  126.) 

(4105-37)  Sec.  2.  [To  be  governed  by  board  of  seven  trustees; 
how  and  by  whom  appointed.]  The  government  of  said  university 
shall  be  vested  in  a  board  of  seven  trustees,  who  shall  be  appointed 
by  the  governor  of  the  state,  with  the  advice  and  consent  of  the 
senate;  but  no  trustee,  or  his  relation  by  blood  or  marriage,  shall 
be  eligible  to  any  professorship  or  position  in  the  university,  the 
compensation  for  which  is  payable  out  of  the  state  treasury,  or  said 
college  fund.  (75  v.  126.) 

(4105-38)  Sec.  3.  [Their  terms  of  office;  to  be  paid  their  ex- 
penses while  engaged  in  the  discharge  of  duties.]  The  members  of 
said  board  of  trustees  and  their  successors  shall  hold  their  offices 
for  the  term  of  seven  years  each ;  provided,  that  the  trustees  first 
appointed  under  the  provisions  of  this  act  shall  hold  their  terms  for  one, 
two,  three,  four,  five,  six,  and  seven  years,  respectively,  to  be  fixed 
by  the  governor  in  their  commissions.  In  case  a  vacancy  shall  occur 
from  death  or  other  cause,  the  appointment  shall  be  for  the  unexpired 
term.  The  trustees  shall  not  receive  any  compensation  for  their 
services,  but  they  shall  be  paid  their  reasonable  and  necessary  ex- 
penses while  engaged  in  the  discharge  of  their  official  duties.  (75  v. 
126.) 

(4105-39)  Sec.  4.  [Powers  and  duties  of  board.]  The  board  of 
trustees  shall  have  power,  and  it  is  made  their  duty,  to  collect,  or 
cause  to  be  collected,  specimens  of  the  various  cereals,  fruits,  and 
other  vegetable  products,  and  to  have  experiments  made  in  their  re- 
production upon  the  lands  of  the  university,  and  to  make  report  of 
the  same,  from  year  to  year,  together  with  such  other  facts  as  may 
tend  to  advance  the  interests  of  agriculture.  (75  v.  126.) 

(4105-40)  Sec.  5.  [Collections  of  specimens.]  The  board  of 
trustees  shall  have  power,  and  it  is  hereby  made  their  duty  to  secure 
and  keep  in  the  said  university  a  collection  of  specimens  in  miner- 
alogy, geology,  zoology)  botany,  and  other  specimens  pertaining  to 
natural  history  and  the  sciences ;  and  it  shall  be  the  duty  of  the  pres- 
ident of  the  university  to  collect  and  deposit  in  the  said  university, 


172  OHIO  SCHOOL  LAWS. 


Ch.  14.  Colleges  and  Universities. 


in  such  manner  as  shall  be  directed  by  the  trustees,  a  full  and  com- 
plete set  of  specimens  as  collected  by  him  and  his  assistants,  together 
with  a  brief  description  of  the  character  of  the  same,  and  where  ob- 
tained; and  the  said  specimens  shall  be  properly  classified  and  kept 
for  the  benefit  of  said  university.  (75  v.  126.) 

(4105-41)  Sec.  6.  [Meetings  of  board  of  trustees.]  The  first 
meeting  of  the  members  of  the  board  shall  be  called  by  the  governor, 
as  soon  after  the  appointment  of  said  board  as  convenient,  to  be  held 
at  said  university,  in  Columbus,  Ohio.  All  succeeding  meetings 
shall  be  called  in  such  manner,  and  at  such  times  as  the  board  may 
prescribe.  The  said  board  shall  meet  at  least  three  times  annually, 
and  at  such  other  times  as  they  may  think  necessary  for  the  best  inter- 
ests of  the  said  university.  A  majority  of  the  board  of  trustees  present 
at  any  meeting  shall  constitute  a  quorum  to  do  business;  provided, 
a  majority  of  all  the  board  shall  be  required  to  elect  or  remove  a 
president  or  professor.  (75  v.  126.) 

(4105-42)  Sec.  7.  [Annual  report  of  trustees;  fiscal  year;  print- 
ing and  distribution  of  report.]  The  board  of  trustees  shall  cause  to 
be  made  on  or  before  the  first  of  October  of  each  year  a  report  to  the 
governor  of  the  condition  of  said  university ;  the  amount  of  receipts 
and  disbursements,  and  for  what  the  disbursements  were  made;  the 
number  of  professors,  officers,  teachers,  and  other  employes  and  the 
position  and  compensation  of  each ;  the  number  of  students  in  the 
several  departments  and  classes,  and  the  course  of  instruction  pur- 
sued in  each ;  also  an  estimate  of  the  expenses  for  the  ensuing  year ; 
a  statement  showing  the  progress  of  the  university,  recording  any 
improvements  and  experiments  made,  with  their  costs  and  the  results, 
and  such  other  matters  as  may  be  supposed  useful.  Said  annual  re- 
port shall  be  for  the  year  ending  June  30,  and  the  said  Ohio  State 
University  is  hereby  exempted  from  the  provisions  of  section  172, 
Revised  Statutes  of  Ohio.  There  shall  be  printed  under  the  pro- 
vision of  section  58  of  the  Revised  Statutes  of  Ohio,  as  amended  May 
i,  1891  (O.  L.  v.  88,  p.  498),  five  thousand  copies  of  the  said  annual 
report,  to  be  distributed  by  the  trustees  in  such  manner  as  they  shall 
deem  best  for  the  interest  of  said  university.  The  president  of  said 
university  shall  transmit  by  mail  one  copy  to  the  secretary  of  the 
interior,  one  copy  to  the  secretary  of  agriculture,  and  one  copy  to 
each  of  the  colleges  which  are,  or  may  be  endowed  under  the  pro- 
visions of  the  act  of  congress  of  July  2,  1862.  (90  v.  292 ;  75  v.  126.) 

(4105-43)  Sec.  8.  (Funds  from  the  sale  of  land  script  to  form 
part  of  irreducible  debt;  and  interest  of  same  paid  to  university.] 
All  funds  derived  from  the  sale  of  land  script  issued  to  the  state 
of  Ohio  by  the  United  States,  in  pursuance  of  the  aforesaid  act  of 


OHIO   SCHOOL   LAWS.  173 


Colleges  and  Universities.  Ch.  14. 

congress,  together  with  the  interest  accumulated  thereon,  shall  con- 
stitute a  part  of  the  irreducible  debt  of  this  state,  the  interest  upon 
which,  as  provided  by  the  act  of  February  10,  1870  (O.  L.,  vol.  67, 
p.  15),  shall  be  paid  to  the  university  by  the  auditor  of  state,  upon  the 
requisition  of  the  commissioners  of  the  sinking  fund,  issued  on  the 
certificate  of  the  secretary  of  the  board  of  trustees,  that  the  same 
has  been  appropriated  by  said  trustees  to  the  endowment,  support, 
and  maintenance  of  the  university,  as  provided  in  the  act  of  congress 
aforesaid.  (75  v.  126.) 

(4105-44)  Sec.  9.  [Compensation  of  president,  professors,  teach- 
ers, etc.J  That  said  board  of  trustees  shall  fix  the  compensation 
for  the  president,  professors,  teachers  and  all  other  employes  of  the 
university;  provided,  that  the  compensation  for  the  services  of  the 
professors  shall  not  exceed  twenty-five  hundred  dollars  each  per 
annum.  (91  v.  74;  75  v.  126.) 

(4105-45)  Sec.  10.  [Branches  prescribed  at  Ohio  State  Univer- 
sity.] It  shall  be  the  duty  of  the  board  of  trustees,  in  connection  with 
the  faculty  of  the  university,  to  provide  for  the  teaching  of  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic 
arts,  mines,  and  mine  engineering,  and  military  tactics,  and  such  other 
scientific  and  classic  studies  as  the  resources  of  the  fund  will  permit. 
(1880,  April  15;  77  v.  227;  Rev.  Stat.,  75  v.  126.) 

(4105-46)  Sec.  i.  [Computation  and  investment  of  interest.] 
The  auditor  of  state  be  and  is  required  to  compute  the  interest  which 
has  accrued  and  will  accrue  on  the  agricultural  college  scrip  fund  since 
the  same  has  been  sold,  to  July  first,  one  thousand  eight  hundred  and 
seventy,  compounding  the  same  by  semi-annual  rests  on  the  first  day  of 
January  and  the  first  day  of  July  in  each  year ;  and  on  the  fifteenth  day 
of  June  eighteen  hundred  and  seventy  to  transfer  the  sum  so  arising 
to  the  said  college  fund,  and  invest  the  same  in  the  interest-bearing 
bonds  of  the  state,  in  the  same  manner  as  the  principal  of  the  said 
fund  is  now  invested.  (67  v.  15.) 

(4105-47)  Sec.  2.  [How  interest  invested.]  That  on  the  first  day 
of  July,  eighteen  hundred  and  seventy,  and  every  six  months  there- 
after (viz:  on  the  first  day  of  January  and  July,  respectively)  the 
auditor  of  state  shall  invest  the  interest  of  said  funds  falling  due  in 
the  same  manner  as  the  principal  now  invested.  (67  v.  15.) 

(4105-48)  Sec.  i.  [Trustees  of  Ohio  State  University  authorized 
to  make  deeds.]  As  soon  as  the  board  of  trustees  of  the  Ohio  State 
University  accepts  the  provisions  hereinafter  made,  it  is  hereby  author- 
ized and  required  to  execute  and  deliver  upon  demand,  a  deed  of  con- 
veyance to  the  parties  in  possession  under  claim  of  title  of  any  unpat- 
ented  survey  or  part  thereof,  in  said  Virginia  Military  District;  pro- 


174  OHIO   SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 

vided,  however,  that  all  applicants  for  such  deed  must  furnish  said 
trustees  with  a  certified  copy  of  the  deed  under  which  they  claim,  and 
if  required,  a  certified  copy  of  the  unpatented  survey  in  which  their 
lands  are  situate,  as  the  necessary  evidence  to  satisfy  the  board  that 
the  same  has  never  been  patented,  but  has  been  occupied  and  improved 
by  the  said  parties  in  possession  or  those  under  whom  they  claim  title, 
for  more  than  twenty-one  years.  Provided,  also,  that  each  applicant 
shall  pay  the  board  of  trustees  the  sum  of  two  dollars,  as  the  cost  of 
preparing  and  executing  such  deed.  (86  v.  92.) 

(4105-49)  Sec.  2.  [Duty  of  auditor  of  state.]  The  auditor  of 
state  shall  add  the  sum  of  one  dollar  per  acre,  reckoned  by  the  num- 
ber of  acres  of  land  in  each  actual  survey  for  all  conveyances  so  made 
to  that  part  of  the  irreducible  debt  of  the  state,  which  forms  the  en- 
dowment of  said  Ohio  State  University ;  provided,  that  in  cases  where 
suit  has  been  brought  for  the  recovery  oi  said  lands,  persons  demand- 
ing deeds  of  release,  shall  pay  all  court  costs  of  such  suits.  (86  v.  92.) 

(4105-50)  Sec.  i.  [Relief  of  persons  who  wrongfully  paid  for 
lands  in  Virginia  Military  District;  duty  of  auditor  of  state.]  All  per- 
sons who  were  in  possession  of  lands  in  the  Virginia  Military  District 
under  claim  of  title  of  an  unpatented  survey  or  part  thereof,  said  lands 
having  been  occupied  and  improved  by  said  persons  in  possession  or 
those  under  whom  they  claim  title  for  more  than  twenty-one  years  and 
were  compelled  by  suit,  or  the  fear  thereof,  to  pay  the  Ohio  State  Uni- 
versity for  said  lands,  are  hereby  authorized  to  present  a  statement  of 
the  amount  of  money  so  paid  by  them,  together  with  all  the  facts  re- 
lating to  the  land  held  by  them  and  their  title  thereto,  to  a  board  com- 
posed of  the  secretary  of  state,  auditor  of  state  and  attorney  general, 
who  are  hereby  authorized  and  empowered  to  examine  such  statements 
and  call  for  and  examine  such  other  testimony  as  they  see  fit,  and  if 
upon  such  examination  said  board  are  satisfied  that  said  persons  are 
justly  entitled  to  relief  as  those  persons  were  who  have  obtained  relief 
under  the  provisions  of  the  aforesaid  act,  then  said  board  shall  deter- 
mine how  much  said  party  has  wrongfully  paid  and  issue  an  order  to 
the  auditor  of  state  directing  him  to  draw  his  warrant  on  the  treasurer 
of  state  for  the  said  amount  in  behalf  of  the  person  filing  said  state- 
ment ;  provided,  that  where  such  claims  have  been  heretofore  as  (or) 
shall  hereafter  be  allowed  by  said  board,  the  auditor  of  state  shall  add 
the  amount  thereof  to  that  part  of  the  irreducible  debt  of  the  state 
which  constitutes  the  endowment  fund  of  said  Ohio  State  University. 
(91  v.  375;  90  v.  221.) 

(4105-51)  Sec.  a.  [Appropriation.]  That  there  be  and  is  hereby 
appropriated,  out  of  any  money  in  the  state  treasury  accredited  to  the 
fund  of  the  Ohio  State  University,  the  sum  of  twelve  hundred  and 
ninety-six  dollars  to  pay  said  warrants.  (90  v.  221.) 


OHIO   SCHOOL   LAWS.  175 


Colleges  and  Universities.  Ch.  14. 

(4105-52)  Sec.  3.  [Costs  of  obtaining  evidence.]  That  persons 
filing  such  statements  shall  pay  all  the  costs  incurred  in  obtaining  evi- 
dence. (90  v.  221.) 

(4105-53)  Sec.  4.  [Report  to  general  assembly.]  Said  board 
shall  report  all  its  proceedings  to  the  general  assembly.  (90  v.  221.) 

W1LBERFORCE   UNIVERSITY 

(4105-54)  Sec.  i.  [Normal  and  industrial  department  at  Wilber- 
force  University.]  There  shall  be  established  and  maintained  at  Wil- 
berfore  University,  in  Greene  county,  Ohio,  a  combined  normal  and 
industrial  department.  (84  v.  127.) 

(4105-55)  Sec.  2.  [Board  of  trustees;  appointment  by  governor, 
etc.]  To  carry  out  the  purposes  of  this  act,  there  shall  be  and  hereby 
is  created  a  board  of  nine  trustees  to  be  known  as  "the  board  of  trus- 
tees of  the  combined  normal  and  industrial  department  at  Wilberforce 
University,"  five  shall  be  appointed  by  the  governor  by  and  with  the 
consent  of  the  senate,  and  three  shall  be  chosen  by  the  board  of  trustees 
of  said  university.  The  president  of  the  university  shall  be  ex-officio 
a  member  of  said  board.  The  trustees  so  to  be  appointed  by  the  gover- 
nor, as  aforesaid,  shall  be  appointed,  on  or  before  the  first  day  of  May, 
1896,  and  they  shall  hold  their  office  respectively  as  follows:  One  for 
one  year,  two  for  two  years,  and  two  for  four  years  the  term  of  such 
to  begin  to  run  from  July  first,  1896 ;  said  term  shall  be  designated  by 
the  governor  in  his  message  of  appointment  to  the  senate  and  in  the 
commission  issued  to  said  trustees.  At  the  session  of  the  senate  next 
preceding  the  expiration  of  the  term  of  any  trustee,  the  governor  shall 
appoint  his  successor  for  the  term  of  four  years ;  and  every  appoint- 
ment of  the  governor  under  this  act  shall  be  submitted  to  the  senate 
for  confirmation.  (92  v.  275;  89  v.  368;  87  v.  215;  84  v.  127.) 

(4105-56)  Sec.  3.  [Choosing  of  trustees  by  university  board.] 
The  three  trustees  to  be  chosen  as  aforesaid  by  the  board  of  trustees  of 
said  university  shall  be  chosen  at  the  first  regular  meeting  of  said 
board  in  June,  1892,  after  the  passage  of  this  act;  and  the  three  so 
chosen  at  such  meeting,  shall  hold  their  offices,  respectively,  as  follows : 
One  for  one  year,  one  for  two  years,  and  one  for  three  years,  and  the 
term  of  each  to  begin  to  run  from  the  third  Thursday  in  June,  1892. 
In  anticipation  of  the  expiration  of  the  term  of  any  trustee  so  chosen, 
the  said  university  board  shall,  annually  thereafter  at  its  regular 
meeting  choose  his  successor,  who  shall  hold  his  office  for  (the)  term 
of  three  years.  (89  v.  368;  84  v.  127.) 

(4105-57)  Sec.  4.  [Vacancies.]  In  case  a  vacancy  in  that  por- 
tion of  the  board  so  appointed  by  the  governor  or  chosen  by  the  uni- 
versity board  shall  occur  from  death,  resignation,  or  other  cause,  the 


176  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 

appointment  or  selection  to 'fill  such  vacancy  shall  be  made  in  the  one 
case  by  the  governor,  and  in  the  other  by  the  executive  board  of  said 
university  for  the  unexpired  term.  (84  v.  127.) 

(4105-58)  Sec.  5.  [Names  of  trustees  chosen  by  university  board 
to  be  certified  to  governor.]  It  shall  be  the  duty  of  the  secretary 
of  the  said  university,  immediately  upon  choice  being  made  by  the 
university  board  of  three  trustees  as  aforesaid,  to  certify  to  the 
governor,  under  the  seal  of  said  university,  the  names  of  the  per- 
sons so  chosen  as  trustees  under  this  act,  with  their  terms,  respec- 
tively;  and  also  the  name  of  the  person  chosen  by  said  executive 
board  at  any  time  to  fill  a  vacancy.  (84  v.  127.) 

(4105-59)  Sec.  6.  [Meetings  of  trustees;  their  expenses.]  The 
board  of  trustees  created  under  this  act  shall  meet  in  regular  ses- 
sion at  said  university  twice  a  year;  the  first  meeting  shall  be  on 
the  third  Thursday  in  June,  and  the  second  on  the  first  Thursday 
in  November  of  each  year;  but  other  meetings  may  be  held  at  such 
places  and  times  as  a  majority  of  the  board  may  determine.  The 
said  trustees  shall  receive  no  compensation,  but  shall  be  reimbursed 
their  traveling  and  other  reasonable  and  necessary  expenses  out  of 
appropriations  under  this  act.  (89  v.  368;  84  v.  127.) 

(4105-60)  Sec.  7.  [Powers  and  duties  of  trustees.)  Jt  shall  be  the 
'duty  of  said  board  of  trustees  created  under  this  act  to  take,  keep  and 
maintain  exclusive  authority,  directions,  supervision  and  control  over 
the  operations  and  conduct  of  said  normal  and  industrial  department, 
so  as  to  assure  for  it  the  best  attainable  results  with  the  aid  hereby 
secured  to  it  from  the  state.  Said  board  shall  determine  the  branches 
of  industry  to  be  pursued,  purchase,  through  a  suitable  and  disinterest- 
ed agent,  the  necessary  means  and  appliances,  select  a  superintendent 
for  the  industrial  branch  of  the  department,  fix  his  salary  and  prescribe 
his  duties  and  authority.  The  expenditures  of  all  moneys  appropriated 
under  this  act  for  carrying  out  its  purposes  and  provisions,  shall  be 
made  only  under  such  regulations  and  for  such  specific  purposes  not 
herein  provided  for,  as  the  board  of  trustees  of  said  department  shall 
establish ;  but  no  money  hereby  appropriated  by  the  state  shall  be 
used  at  any  time  for  any  purpose  not  in  direct  furtherance  and  pro- 
motion of  the  objects  of  the  department.  (84  v.  127.) 

(4105-61)  Sec.  8.  [Non-sectarian  character  of  department.]  No 
sectarian  influence,  direction  or  interference  in  the  management  or 
conduct  of  the  affairs  or  education  of  said  department  shall  be  per- 
mitted by  its  board ;  but  its  benefits  shall  be  open  to  all  applicants 
of  good  moral  character  and  within  the  limitations  of  age  determined 
by  said  board.  (84  v.  127.) 


OHIO   SCHOOL   LAWS.  177 


Colleges  and  Universities.  Ch.  14. 

(4105-62)  Sec.  9.  [Payment  to  university  of  state  appropria- 
tions ;  bond  of  treasurer.]  Upon  the  certificate  of  the  board  of  trustees 
of  said  department  that  the  necessary  steps  have  been  taken  by  the 
board  of  trustees  of  said  university  to  co-operate  with  the  department 
trustees  in  carrying  out  the  purposes  of  this  act  by  granting  the  use 
of  its  buildings,  grounds  and  educational  facilities,  there  shall  be 
paid  to  the  treasurer  of  said  department,  semi-annually,  one-half 
of  such  amounts  as  may  be  annually  appropriated  by  the  general 
assembly  for  the  purposes  therein  named.  The  treasurer  of  said 
department  shall  give  to  the  state  of  Ohio  a  bond  to  be  approved 
by  the  attorney  general  in  the  sum  of  twenty  thousand  dollars, 'con- 
ditioned that  he  shall  faithfully  discharge  his  duties  and  account  for 
any  money  coming  into  his  hands  from  the  state  of  Ohio.  (92  v.  275 ; 
84  v.  127.) 

(4105-63)  Sec.  10.  [Annual  report,  and  estimate  of  appropria- 
tions.] The  board  of  trustees  shall  cause  to  be  made  on  or  before 
the  first  day  of  December,  eighteen  hundred  and  eighty-eight  (and) 
each  year  thereafter,  a  report  to  the  governor  of  the  condition,  prog- 
ress and  results  of  said  department,  with  an  estimate  of  what  appro- 
priation shall  be  required  to  secure  the  objects  of  this  act.  (84  v.  127.) 

(4105-64)  Sec.  ii.  [Designation  of  pupils  by  members  of  general 
assembly.]  Each  senator  and  representative  of  the  general  assembly 
of  the  state  of  Ohio  may  designate  one  or  more  youth  resident  of 
his  district  who  shall  be  entitled  to  attend  the  said  normal  and  in- 
dustrial department  free  of  tuition.  (92  v.  275 ;  84  v.  127.) 

(4105-65)  Sec.  12.  [Appropriations;  application  of  revenues.] 
For  the  purpose  of  carrying  out  the  provisions  of  this  act  there  shall 
be  levied  annually  a  tax  on  the  grand  list  of  taxable  property  of  the 
state,  which  shall  be  collected  in  the  same  manner  as  other  state 
taxes,  and  the  proceeds  of  which  shall  constitute  "the  fund  of  the  com- 
bined normal  and  industrial  department  at  Wilberforce  university." 
The  rate  of  such  levy  shall  be  designated  by  the  general 
assembly  at  least  once  in  two  years,  and  if  the  general  assembly 
shall  fail  to  designate  the  rate  for  any  year,  the  same  shall  be 
for  the  said  fund  of  the  "combined  normal  and  industrial 
department  of  Wilberforce  university"  two-hundredths  of  one 
mill  upon  each  dollar  valuation  of  such  taxable  property 
for  the  year  1900  and  one-hundredth  of  one  mill  thereafter. 
The  same  shall  be  paid  to  the  treasurer  of  the  normal  and  in- 
dustrial department  at  Wilberforce  university  in  accordance  with  the 
provisions  of  section  twelve  of  said  act.  All  revenue  arising  from 
tuitions,  sales  of  products  or  otherwise  under  the  aforesaid  department 
shall  be  applied  by  its  board  of  trustees  to  defray  its  expenses,  or  to 


178  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Universities. 

increase  its  efficiency,  a  strict  account  of  which,  shall  be  kept  by  the  depart- 
ment board,  and  accompany  the  report  to  the  governor.  (94  v.  598; 
92  v.  1 56;  84  v.  127.) 

(4105-66)  Sec.  i.  [Additional  appropriations  for  Wilberforce 
University.]  There  is  hereby  appropriated  out  of  any  moneys  in 
the  treasury  to  the  credit  of  the  general  revenue  fund  not  otherwise 
appropriated,  for  combined  normal  and  industrial  department  at  Wil- 
berforce University,  two  thousand  dollars,  the  same  being  the  bal- 
ance due  said  institution  under  the  provisions  of  an  act  passed  March 
19,  1887.  And  this  amount  shall  be  in  full  of  all  claims  against  the 
state  by  said  university.  (86  v.  392.) 


OHIO   SCHOOL  LAWS. 


179 


Schools  specially  endowed. 


Ch.  15. 


CHAPTER  XV. 


SCHOOLS    SPECIALLY   ENDOWED. 


SECTION. 

4105-67.  Courts  of  common  pleas  to  ap- 
point trustees  for  schools  spe- 
cially endowed;  powers  of  trus- 
tees. 

4105-68.    Filling  vacancies. 
4105-69.    Duties  of  trustees. 


SECTION. 

4105-70.    Same;  oath;  bond. 

4105-71.    Accounts  to  be  rendered. 

4105-72.    Visitors. 

4105-73.    When  to  take  effect. 


(4105-67)  Sec.  i.  [Courts  of  common  pleas  to  appoint  trustees 
for  schools  specially  endowed;  powers.]  'Whenever  any  person  shall, 
by  deed,  devise,  gift  or  otherwise,  set  apart  any  lands,  moneys  or 
effects,  as  an  endowment  of  a  school  or  academy,  not  previously  es- 
tablished, and  shall  not  provide  for  the  management  of  such  school 
or  academy,  the  court  of  common  pleas  of  the  proper  county  shall 
appoint  five  trustees,  who  shall  have  the  control  and  management 
of  the  property,  moneys,  and  effects,  so  set  apart,  and  of  the  school 
or  academy  thus  endowed,  and  shall  hold  their  offices  for  five  years, 
and  until  their  successors  are  elected  and  qualified ;  but  in  making 
the  first  appointment  the  court  shall  appoint  one  trustee  for  one 
year,  one  for  two  years,  one  for  three  years,  one  for  four  years,  and  one 
for  five  years.  The  trustees  shall  be  a  body  corporate,  with  perpetual 
succession,  and  by  such  name  as  may  be  ordered  by  the  court  making 
the  first  appointment;  may  sue  and  be  sued;  have  a  corporate  seal 
and  the  same  alter  or  change  at  pleasure,  and  may  hold  all  kinds  of 
estates,  real  and  personal,  and  mixed,  which  they  may  acquire  by  pur- 
chase, donation,  devise  or  otherwise.  (53  v.  33;  S.  &  C.  1383.) 

(4105-68)  Sec.  2.  [Filling  vacancies;  removal.]  The  said  court 
shall  annually  appoint  one  trustee,  to  fill  the  vacancy  then  occurring; 
and  at  any  other  time  fill  vacancies  that  may  occur  from  any  cause, 
for  the  unexpired  term ;  said  court  shall  also  have  power  upon 
sufficient  cause  shown,  reasonable  notice  of  the  time  and  place  of 
hearing  having  been  given  to  the  party  interested,  remove  any 
trustee,  and  may,  until  a  hearing  be  had,  suspend  a  trustee  in  the 
exercise  of  his  office.  (53  v.  33;  S.  &  C.,  1383.) 

(4105-69)  Sec.  3.  [Duties  of  trustees.]  The  trustees  shall  have 
power  to  establish,  from  time  to  time,  rules  and  regulations  for  the 
management  and  safekeeping  of  the  .property,  moneys,  and  effects, 
belonging  to  the  trust,  and  the  expenditure  of  the  income  thereof,  and 
also  for  the  management  and  government  of  the  school  or  academy ; 
which  rules  and  regulations  shall  not  be  inconsistent  with  the  terms 
of  the  deed,  devise  or  gift,  creating  the  endowment,  or  with  the  laws 


180  OHIO   SCHOOL   LAWS. 


Ch.  15.  School^  specially  endowed. 


of  this  state ;  they  shall  not,  at  any  time,  or  for  any  cause,  incur  any 
debt  or  liability,  beyond  the  net  income  of  the  trust  property,  moneys, 
and  effects,  or  use  or  appropriate  the  same,  otherwise  than  to  invest 
for  the  purpose  of  income,  any  part  of  the  principal  thereof,  unless 
expressly  authorized  so  to  do  by  the  terms  of  the  deed,  devise  or  gift, 
creating  the  endowment  of  trust.  (53  v.  33 ;  S.  &  C.  1383.) 

(4105-70)  Sec.  4.  [Same;  oath;  bond.J  The  trustees  shall,  im- 
mediately after  their  appointment,  organize  by  appointing  a  presi- 
dent, secretary,  and  treasurer,  from  their  own  number,  and  shall  sev- 
erally take  and  subscribe  an  oath  to  faithfully  discharge  the  duties 
of  trustees,  and  deposit  the  same  with  the  county  auditor.  They  shall, 
also,  before  taking  possession  of  the  property,  moneys,  or  effects, 
constituting  the  endowment  or  trust,  severally  give  bond,  in  such  sum 
as  the  court  may  require,  with  two  or  more  sufficient  sureties,  to  be 
approved  by  a  judge  of  said  court,  whose  approval  shall  be  endorsed 
on  the  bonds,  conditioned  for  the  faithful  management  of  the  prop- 
erty, moneys,  and  effects,  intrusted  to  them  and  accountability  there- 
for in  such  form  as  the  court  or  judge  may  require;  and  the  court 
may,  from  time  to  time,  require  additional  bonds  and  surety,  as  may 
appear  necessary  for  the  preservation  of  the  trust  estate.  The  bonds 
required  shall  be  payable  to  the  state  of  Ohio,  and  deposited  in  the 
office  of  the  county  auditor  for  safe  keeping.  (53  v.  33 ;  S.  &  C.  1383.) 

(4105-71)  Sec.  5.  [Accounts  to  be  rendered.]  The  trustees  shall, 
on  the  second  Monday  of  September,  in  each  year,  and  at  such  other 
times  as  the  court  may  require,  render  a  full  and  accurate  account, 
statement,  and  exhibit,  of  the  condition  of  the  'school  or  academy 
under  their  management,  and  the  condition  of  the  trust  estate  and 
funds;  and  shall  cause  the  same  to  be  published  in  such  form  as  the 
court  may  direct;  which  account,  statement,  and  exhibit,  shall  be 
sworn  to  by  the  president,  secretary,  and  treasurer,  or  some  two  of 
them.  (53  v.  33 1  S.  &  C.  1383.) 

(4105-72)  Sec.  6.  [Visitors.]  The  court  of  common  pleas  of 
the  proper  county  shall,  annually,  at  the  first  session  after  the  second 
Monday  in  September,  appoint  three  competent  and  disinterested  per- 
sons, who  shall  have  authority  to  visit  any  such  school  or  academy 
and  examine  the  same,  together  with  the  condition  of  the  trust  estate 
or  endowment,  and  shall  report  thereon  to  the  court  making  the  ap- 
pointment. The  court  shall  also  authorize  such  other  visitations 
and  examinations  as  may  appear  to  be  necessary.  (53  v.  33;  S.  &  C. 
13830 

(4I05-73)  Sec.  7.  [When  to  take  effect.]  This  act  shall  apply  to 
endowments  heretofore  created,  as  well  as  to  those  hereafter  created, 
and  shall  take  effect  from  and  after  its  passage.  (53  v.  33;  S.  &  C. 
13830 


OHIO   SCHOOL   LAWS. 


181 


Colleges  and   Institutions  of  Learning. 


Ch.  14. 


TITLE  II. 


CHAPTER  XIV. 

COLLEGES,  AND  INSTITUTIONS  OF  LEARNING. 


SECTION*. 

3726.  Certain  corporations  may  appoint  a 

faculty  and  confer  degrees. 

3727.  May  hold  donated  property  in  trust. 

3728.  Who     constitute    the    faculty;    its 

powers. 

3729.  May  teach  mechanics  and  agricul- 

ture. 

3730.  May    change    stock    into    scholar- 

ships. 

3731.  Location     may     be     changed,     and 

how. 

3732.  When  and  how  college  endowment 

fund  diverted. 

3733.  How  vacancies  in   boards   filled   in 

certain  cases. 

3734.  Certain  corporations  may  increase 

their  property;  bonds. 

3735.  Statement  to  be  made  and  filed- 

3736.  How  certain  boards  may  be  consti- 

tuted and  governed. 

3737.  Trustees  to  be  divided  into  classes. 

3738.  Term  of  office  of  trustees;  how  va- 

cancies filled. 

3739.  When  the  board  is  to  be  enlarged. 

3740.  When  the  number  in  a  class  is  to 

be  reduced. 

3741.  A  conference  may  become  a  patron 

by  consent  of  other  bodies. 

3742.  Patronizing    bodies    may    appoint 

visitors. 

3743.  WThen   the   right  of  representation 

shall  cease. 

3744.  What  action  the  board  must  first 

take. 

3745.  Quorum;  how  constituted. 

3746.  Certain     corporations     may     have 

benefit  of  subsequent  provisions. 

3747.  Alumni  may  elect  trustees  and  ap- 

point visitors. 

3748.  Conduct  of  election. 

3741>.        Returns  of  election,  and  certificates. 
3750.       Endowment   fund   corporation. 

37~>l.  How  certain  boards  may  be  con- 
stituted and  governed. 

3751a.  Increase  in  number  of  trustees  of 
certain  corporations. 

3751  b.  Incorporation  of  colleges  under  ec- 
clesiastical patronage;  what  ar- 
ticles shall  contain. 

3751c.  Existing  corporations  may  avail 
themselves  of  provisions  of  act; 
how. 


SECTION. 

3752.  Classes    and    election    of    trustees; 

president  ex-officio  member  of 
board;  term;  vacancies;  increase 
in  board. 

3753.  Assessments  may  be  made  against 

stockholders. 

3754.  Meeting  of  stockholders,    and   no- 

tice thereof. 

3755.  Meeting    may    fix    amount    of    as- 

sessment. 

3756.  How  much  may  be  assessed,   and 

collection  thereof. 

3757.  The   board   of  .military  academies; 

how  constituted,  etc. 

3758.  Board  of  visitors;  how  constituted. 

3759.  Duties  of  board  of  visitors. 

3760.  How  the  term  of  office  of  trustees 

and  directors  may  be  fixed. 

3761.  Certain    corporations    may    change 

location. 

3762.  Sale  and  distribution  of  the  prop- 

erty of  certain  corporations. 

3762a.  Certain  colleges,  whose  articles  of 
incorporation  are  not  on  file  In 
the  office  of  the  secretary  of 
state,  may  file  same  there  and 
amend. 

3762b.  Colleges  may  change  name  and 
purpose;  when;  procedure. 

3763.  Under    what    restrictions    medical 

colleges  and  teachers  may  re- 
ceive bodies  for  dissection;  body 
to  be  deliverea  to  claimant;  in- 
terment of  body  after  examina- 
tion or  dissection;  notification  to 
relatives;  penalties. 

3764.  Penalty   for   having   unlawful  pos- 

session  of  corpse. 

3765.  (Repealed.) 

3766.  (Repealed.) 

3'<67.  Organic  rules  which  may  be  pre- 
scribed in  certain  articles  of  in- 
corporation. 

3768.  May  add  to  the  objects  of  the  cor- 

poration; acceptance  of  statutory 
provisions. 

3768-1  Authorizing  certain  mechanics'  In- 
stitutes to  borrow  money;  liabil- 
ity of  directors  and  trustees. 

3768-2.    Directors  not  personally  liable. 

3769.  Accounts  of  receipts  and  disburse- 

ments. 

3770.  Trustees  ineligible  to  other  office. 
::771.        Attorney    general    may,    by  action, 

enforce  duties  of  officers. 
:i771<i.     How  number  of  trustees  of  certain 
colleges  increased. 


182  OHIO   SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

Sec.  3726.  [Certain  corporations  may  appoint  a  faculty  and  con- 
fer degrees.]  The  trustees  of  a  college,  university,  or  other  institu- 
tion of  learning,  incorporated  for  the  purpose  of  promoting  education, 
religion,  morality,  or  the  fine  arts,  which  has  acquired  real  or  per- 
sonal property  of  the  value  of  five  thousand  dollars,  and  which  has 
filed  in  the  office  of  the  secretary  of  state  a  schedule  of  the  kind  and 
value  of  such  property,  verified  by  the  oaths  of  the  trustees,  may  ap- 
point a  president,  professors,  and  tutors,  and  any  other  necessary 
agents  and  officers,  and  fix  the  compensation  of  each,  and  may  enact 
such  by-laws,  not  inconsistent  with  the  laws  of  this  state  or  of  the 
United  States,  for  the  government  of  the  institution,  and  for  con- 
ducting the  affairs  of  the  corporation,  as  they  may  deem  necessary ; 
and  may,  on  the  recommendation  of  the  faculty,  confer  all  such  de- 
grees and  honors  as  are  conferred  by  colleges  and  universities  of  the 
United  States,  and  such  others  having  reference  to  the  course  of  study, 
and  the  accomplishments  of  the  student,  as  they  may  deem  proper. 
(50  v.  128,  §  i ;  51  v.  403,  §§  2,  3 ;  S.  &  C.  266,  270.) 

Sec.  3727.  [May  hold  donated  property  in  trust.]  Any  univer- 
sity, college,  or  academy,  or  the  trustees  thereof,  may  hold  in  trust 
any  property  devised,  bequeathed,  or  donated  to  such  institution,  upon 
any  specific  trust  consistent  with  the  objects  of  the  corporation.  (50 
v.  128,  §  5 ;  S.  &  C.  267.) 

Sec.  3728.  [Who  constitute  the  faculty;  its  powers.]  The  presi- 
dent and  professors  shall  constitute  the  faculty  of  any  incorporated 
literary  college  or  university,  and  may  enforce  the  rules  and  reg- 
ulations enacted  by  its  trustees  for  the  government  and  discipline  of 
the  students,  and  suspend  and  expel  offenders,  as  may  be  deemed 
necessary.  (50  v.  128,  §  6;  S.  &  C.  267.) 

Sec.  3729.  [May  teach  mechanics  and  agriculture.]  Any  incor- 
porated university,  college,  or  academy  may  connect  therewith,  to  be 
used  as  a  part  of  its  course  of  education,  any  mechanical  shops  and 
machinery,  or  lands  for  agricultural  purposes  not  exceeding  three  hun- 
dred acres,  to  which  may  be  attached  all  necessary  buildings  for  carry- 
ing on  the  mechanical  or  agricultural  operations  of  such  institution. 
(50v.  128,  §8;  S.  &  €.267.) 

Sec.  3730.  [May  change  stock  into  scholarships.]  Any  company 
formed  in  pursuance  of  this  title,  or  which  now  exists  by  virtue  of 
any  special  act  of  incorporation,  the  property  of  which  is  held  as 
stock,  and  not  derived  by  donation,  gift,  devise,  or  gratuitous  sub- 
scription, may  change  its  capital  stock  into  scholarships,  when  it 
becomes  necessary  for  the  purpose  of  carrying  out  the  object  for 
which  it  was  formed,  in  the  manner  provided  in  section  thirty-two 
hundred  and  sixty-two.  (50  v.  128,  §§  9,  10;  S.  &  C.  268.) 


OHIO   SCHOOL   LAWS.  183 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

Sec.  3731.  [Location  may  be  changed  and  how.]  A  college,  uni- 
versity, or  other  institution  of  learning,  now  existing  by  virtue  of  any 
act  of  incorporation,  or  that  may  hereafter  become  incorporated  for 
any  of  the  purposes  specified  in  this  chapter,  may,  if  three-fourths  of 
the  trustees  or  directors  thereof  deem  the  same  proper,  or  if  the 
institution  is  owned  in  shares,  or  by  stock  subscribed  or  taken,  by  a 
vote  of  the  holders  of  three-fourths  of  the  stock  or  shares,  change  the 
location  of  such  institution,  convey  its  real  estate,  and  transfer  the 
effects  thereof,  and  invest  the  same  at  the  place  to  which  such  in- 
stitution may  be  removed ;  but  no  removal  shall  be  ordered,  and  no 
vote  taken  thereon,  until  after  publication  in  the  manner  provided  in 
the  last  section,  in  which  notice  shall  be  fully  set  forth  the  place  to 
which  it  is  proposed  to  remove  such  institution  and,  in  case  of  removal, 
a  copy  of  the  proceedings  of  such  meeting  shall  be  filed  with  the 
secretary  of  state.  (52  v.  77,  §  12;  S.  &  C.  268.) 

Sec.  3732.  [When  and  how  college  endowment  fund  diverted.] 
The  trustees  of  a  corporation  incorporated  for  the  purpose  of  creating, 
holding,  and  managing  a  college  endowment  fund,  the  articles  of  incor- 
poration of  which  provide  that  the  fund  may  be  applied  to  any  ob- 
ject not  inconsistent  with  the  purposes  of  education  different  from 
that  particularly  specified  therein,  may  apply  to  the  court  of  common 
pleas  in  the  county  where  the  corporation  is  located  for  permission 
to  make  such  change,  designating  particularly  the  purposes  to  which 
it  is  proposed  to  apply  the  funds ;  and  the  court,  on  being  satisfied 
that  such  change  is  not  inconsistent  with  the  object  of  the  original 
creation  and  institution  of  the  fund,  shall  authorize  and  sanction  the 
change.  (5-1  v.  393,  §  2 ;  S.  &  C.  269.) 

Sec.  3733.  [How  vacancies  in  boards  filled  in  certain  cases.] 
Whenever  there  occurs  a  vacancy,  in  whole  or  in  part,  in  the  board  of 
trustees  of  an  incorporated  college,  seminary,  or  academy,  by  reason 
of  an  amendment  of  the  charter  in  such  corporation,  or  from  any 
other  cause,  and  there  is  no  provision  of  law  for  filling  such  vacancy, 
the  governor  shall,  within  three  months  after  receiving  information 
thereof,  appoint  the  required  number  of  trustees,  one-third  thereof 
to  serve  for  one  year,  one-third  to  serve  for  two  years,  and  one-third 
for  three  years.  (75  v.  25,  §  2.) 

Sec.  3734.  [Certain  corporations  may  increase  their  property; 
bonds.]  A  college,  university,  academy,  seminary,  or  other  institution 
devoted  to  the  promotion  of  education,  now  existing  by  virtue  of  any 
special  act  of  incorporation,  or  organized  under  the  provisions  of  any 
law,  whose  property  is  derived  and  held  by  donation,  gift,  purchase, 
devise  or  gratuitous  subscription,  and  the  amount  of  which,  or  the  in- 
come arising  therefrom,  is  limited  by  such  special  act,  or  by  the  articles 


184  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  learning. 

of  association  adopted  by  such  institution,  may  receive,  acquire,  pos- 
sess and  hold  hereafter  any  amount  of  property,  real,  personal  or 
mixed,  which  its  board  of  directors  or  trustees  shall  deem  it  advisable 
for  the  institution  to  accept,  and  may,  by  its  trustees,  sell,  dispose  of 
and  convey  the  same,  but  such  property  shall  not  be  diverted  from 
the  express  will  of  the  donor,  devisor  or  subscriber.  The  board  of 
trustees  of  any  such  college,  university,  academy,  seminary,  or  other 
institution  devoted  to  the  promotion  of  education,  in  anticipation  of 
donations  to  be  received  and  collections  to  be  made,  may,  for  the  pur- 
pose of  constructing,  enlarging  or  adding  to  any  college  buildings 
or  improvements,  borrow  such  sum  of  money  as  they  may  determine 
necessary  for  such  purpose,  and  may  issue  bonds  therefor  and  secure 
the  same  by  mortgage  upon  the  property  upon  which  such  improve- 
ment is  to  be  made,  provided  such  property  is  not  held  by  them  under 
some  specific  trust.  (90  v.  71 ;  53  v.  170,  §  i ;  S.  &  C.,  368.) 

Sec.  3735.  [Statement  to  be  made  and  filed.]  Before  any  such 
institution  shall  be  authorized  to  acquire  and  hold  such  additional 
property,  the  trustees  thereof,  at  a  regular  meeting  of  their  board,  or 
at  a  special  meeting  called  for  that  purpose,  shall,  from  time  to  time, 
make  and  sign  a  statement  specifying  the  amount  of  such  additional 
property  which  they  seek  to  acquire  and  hold,  and  shall  set  forth  there- 
in the  purposes  to  which  it  is  to  be  devoted,  which  statements  shall 
be  entered  at  large  upon  the  record  book  of  the  trustees  and  be  filed 
in  the  office  of  the  secretarv  of  state.  (90  v.  72;  53  v.  170,  §  2 ;  S. 
&  C,  368.) 

Sec.  3736.  [How  certain  boards  may  be  constituted  and  gov- 
erned.] The  board  of  trustees  of  any  university  or  cpllege  hereto- 
fore incorporated,  and  now  under  the  patronage  of  four  or  more 
conferences  or  other  religious  bodies  of  any  religious  denomination, 
may  accept  the  provisions  of  this  and  the  nine  succeeding  sections, 
by  resolution  adopted  at  any  regular  meeting  of  the  board  and  en- 
tered upon  the  record  of  its  proceedings';  and  after  such  acceptance 
the  board  shall  in  all  respects  be  organized,  constituted,  regulated. 
and  perpetuated,  pursuant  to  and  under  said  provisions;  but  no 
right  acquired  by  any  such  board,  or  any  such  university  or  college 
under  its  charter,  or  any  law  of  this  state,  shall  in  any  way,  be 
affected  by  said  provisions.  (65  v.  188,  §  i ;  S.  &  S.,  106.) 

Sec.  3737.  [Trustees  to  be  divided  into  classes.]  At  a  meeting 
of  such  board  held  after  a  vacancy  occurs  therein  it  shall  fill  such 
vacancy,  or  if  more  than  one  vacancy  has  occurred,  then  one  of  them, 
by  appointing  the  president  of  the  university  or  college  a  trustee, 
and  the  president  of  such  university  or  college  shall,  ex-officio,  be  a 
trustee  perpetually  thereafter;  the  board  shall  also,  at  such  meeting, 


OHIO   SCHOOL   LAWS.  185 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

divide  its  number,  excluding  the  said  president,  and  including  all 
vacancies  except  the  one  he  is  so  appointed  to  fill,  into  classes,  cor- 
responding in  number  to  the  number  of  conferences  or  other  religious 
bodies  at  the  time  patronizing  such  university  or  college,  such  classes 
to  have  in  each  an  equal  number  of  trustees,  as  near  as  may  be ;  and 
the  board  shall  assign  one  of  such  classes  to  each  of  the  conferences 
or  other  religious  bodies,  and  thereafter  each  may  fill  any  and  all 
vacancies  in  the  class  so  assigned  to  it.  (65  v.  188,  §  2 ;  S.  &  S.,  106.) 

Sec.  3738.  [Term  of  office  of  trustees;  how  vacancies  filled.] 
When  the  classes  of  trustees  are  formed,  as  provided  in  the  preceding 
section,  the  term  of  office  of  one  of  the  trustees  in  each  of  the  classes, 
to  be  selected  by  lot  in  open  session  of  the  board  of  trustees,  shall  ex- 
pire each  year,  and  the  persons  thereafter  elected  as  trustees  shall  act 
as  such  for  a  term  of  years  equal  in  number  to  the  number  of  trustees 
in  any  class,  except  as  hereinafter  provided ;  but  the  term  of  office  of  a 
trustee  shall  not  expire  during  any  meeting  of  the  board  which  does 
not  continue  for  more  than  two  weeks ;  and  vacancies  which  occur 
in  any  class  of  trustees  otherwise  than  by  the  expiration  of  term  of 
office  shall  be  filled  only  for  the  remainder  of  the  term.  (65  v.  188, 
§  3;  70  v.  157,  §  i;  S.  &  S.,  107.) 

Sec.  3739.  [When  the  board  is  to  be  enlarged.]  If  the  number  of 
the  conferences  or  other  religious  bodies  patronizing  any  such  uni- 
versity or  college,  the  board  of  trustees  of  which  has  been  divided 
into  classes  as  hereinbefore  provided,  be  increased  to  not  exceeding 
six,  the  board  of  trustees  shall  be  enlarged  to  the  extent  of  one  ad- 
ditional class  of  trustees  for  each  of  such  additional  conferences  or 
other  religious  bodies,  such  additional  classes  to  have  in  each  a  number 
of  trustees  equal  to  the  number  in  any  one  of  the  former  classes ;  and 
each  of  such  additional  conferences  or  other  religious  bodies  may  elect, 
as  members  of  the  board,  the  number  in  its  class,  one  for  one  year, 
one  for  two  years  and  one  for  three  years,  and  so  on  to  the  extent 
of  the  number;  and  each  of  such  additional  conferences  or  other 
religious  bodies  may  fill  any  vacancy  in  its  class.  And  such  board 
of  trustees  composed  according  to  the  foregoing  provisions  and  the 
provisions  of  section  thirty-seven  hundred  and  forty-seven  of  this 
chapter,  without  regard  to  the  number  of  members  so  composing  it, 
may  increase  its  own  numbers  by  the  election  of  trustees  at  large, 
not  exceeding  the  number  of  conferences  or  other  religious  bodies 
co-operating  with  or  patronizing  such  university  or  college,  and  may 
divide  such  trustees  at  large  into  classes,  at  its  discretion.  (89  v.  119; 
65  v.  188,  §4;S.  &S.,  107.) 

Sec.  3740.  [When  the  number  in  a  class  is  to  be  reduced.]  If  the 
number  of  such  patronizing  conferences  or  other  religious  bodies  at 


186  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

any  time  exceeds  six,  the  representation  of  each  shall  be  reduced  by 
lot,  in  open  session  of  the  board  of  trustees,  to  a  class  of  three  trus- 
tees, if  they  exceed  that  number,  who  shall  thereafter  be  elected  to 
serve  as  trustees  for  the  term  of  six  years,  and  in  that  case  the  term 
of  office  of  one  trustee  in  each  class  shall  expire  every  second  year. 
(65  v.  188,  §  5 ;  S.  &  S.,  107.) 

Sec.  3741.  [A  conference  may  become  a  patron  by  consent  of 
other  bodies.]  Any  conference  or  other  religious  body,  not  patroniz- 
ing any  particular  university  or  college,  may  become  such  patroniz- 
ing conference  or  religious  body,  by  and  with  the  consent  of  the 
conferences  or  other  religious  bodies  at  the  time  patronizing  such 
university  or  college.  (65  v.  188,  §  6;  S.  &  S.,  107.) 

Sec.  3742.  [Patronizing  bodies  may  appoint  visitors.]  Each  con- 
ference or  other  religious  body  patronizing  any  particular  university 
or  college  may,  annually,  appoint  two  visitors,  and  the  board  of 
trustees  of  a  college  or  university  may  provide,  at  the  time  of  its 
organization,  by  resolution  adopted  and  entered  on  its  records,  for 
the  appointment  of  two  visitors  by  each  conference  or  other  religious 
body  patronizing  such  college  or  university;  and  such  visitors  shall 
attend  the  meetings  of  the  board  of  trustees  of  such  university  or 
college,  and,  with  the  trustees,  constitute  a  joint  board  for  the  ap- 
pointment and  removal  of  all  officers,  professors,  and  instructors  of 
the  university  or  college.  (73  v.  163,  §  7;  S.  &  S.,  107.) 

Sec.  3743.  [When  the  right  of  representation  shall  cease.]  If  a 
a  conference  or  other  religious  body  patronizing  any  university  or 
college,  and  having  a  representation  in  its  board  of  trustees,  cease 
to  exist,  or  cease  to  patronize  such  university  or  college,  the  right  of 
such  conference  or  other  religious  body  to  such  representation  shall 
cease,  and  its  board  of  trustees  shall  be  thereby  and  to  that  extent 
reduced  in  numbers.  (65  v.  188,  §  8;  73  v.  163;  S.  &  S.,  107.) 

Sec.  3744.  [What  action  the  board  must  first  take.]  Before  a 
conference  or  other  reh'gious  body  not  represented  in  the  board  of 
trustees  of  any  university  or  college  shall  be  entitled  to  be  repre- 
sented therein,  and  before  any  conference  or  other  religious  body 
represented  therein  shall  be  deprived  of  such  representation  as  pro- 
vided in  the  preceding  section,  the  board  shall  declare,  and  cause  to 
be  entered  in  the  record  of  its  proceedings,  that  the  conditions  and 
contingencies  hereinbefore  provided  for  in  that  behalf  have  taken  place. 
(6sv.  188,  §9;S.  &  S.,  107.) 

Sec.  3745.  [Quorum;  how  constituted.]  Eleven  trustees  shall 
constitute  a  quorum  of  the  board  of  any  such  university  or  college, 
whatever  the  number  of  trustees  constituting  the  board  is  or  may  be- 


OHIO   SCHOOL   LAWS.  187 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

come,  if  the  number  is  more  than  twenty ;  and  if  the  number  is  twenty 
or  less,  a  majority  thereof  shall  constitute  a  quorum.  (65  v.  188,  §  10 ; 
S.  &  S.,  108.) 

Sec.  3746.  [Certain  corporations  may  have  benefit  of  subsequent 
provisions.]  The  board  of  trustees  of  any  university  or  college  which 
has  accepted  or  hereafter  accepts  the  provisions  of  the  ten  preceding 
sections,  may  accept  the  provisions  of  the  three  succeeding  sections 
by  resolution  adopted  at  any  regular  meeting  of  the  board,  and  entered 
upon  the  record  of  its  proceedings,  and  thereafter  the  board,  and  the 
university  or  college,  shall  be  subject  to  (the)  provisions  thereof. 
(69  v.  71,  §  i.) 

Sec.  3747.  [Alumni  may  elect  trustees  and  appoint  visitors.] 
After  such  acceptance  by  the  board  of  any  university  or  college,  the 
alumni  thereof  (composing  the  alumnal  association  thereof)  may 
elect  as  members  of  the  board  of  trustees  of  such  college  or  univer- 
sity members  of  such  alumnal  association,  in  numbers  equaling  the 
numbers  of  the  conferences  co-operating  with  or  patronizing  such 
university  or  college,  and  may  divide  such  alumnal  trustees  into 
classes,  and  perpetuate  the  same ;  and  such  alumnal  may,  at  the  same 
time  elect  as  visitors  members  of  their  association  equaling  in  num- 
bers one-half  of  the  numbers  of  the  conferences  or  other  religious 
bodies  co-operating  with  or  patronizing  such  university  or  college, 
and  such  visitors  shall  have  the  same  powers  and  duties  as  visitors 
appointed  by  any  conference  or  other  religious  body  aforesaid ;  pro- 
vided, that  when  women  are  members  of  the  alumnal  association 
so  electing,  they  shall  be  eligible  as  visitors ;  provided,  further,  that 
the  board  of  trustees  shall  be  judge  of  the  validity  of  the  elec- 
tion and  the  returns  thereof,  of  trustees  and  visitors  elected  under  this 
section.  (89  v.  120;  81  v.  174;  Rev.  Stat.  1880;  69  v.  71,  §  2;  76  v. 

87,  §  i.) 

Sec.  3748.  [Conduct  of  elections.]  The  election  of  trustees  and 
visitors  by  the  alumni  shall  be  by  ballot,  and  held  each  year,  beginning 
the  year  after  such  acceptance,  on  the  secular  day  next  before  the  day 
of  commencement  of  such  university  or  college,  at  such  place  in  a  build- 
ing on  its  grounds  as  may  be  designated  by  the  president  of  the  alum- 
nal association  by  written  notice  posted  the  day  before  the  election  in 
at  least  two  public  places  on  such  grounds ;  and  the  polls  shall  be  open- 
ed at  the  hour  named  in  said  notice,  which  shall  not  be  later  than 
three  o'clock  p.  m.,  and  "shall  be  kept  open  for  two  hours  thereafter. 
The  election  shall  be  conducted  by  three  judges  and  two  clerks,  who 
shall  be  members  of  said  association  and  be  chosen  by  the  members 
present  at  the  place  of  voting  at  the  time  for  opening  the  polls,  and 
they  shall  certify  to  the  board  of  trustees  the  result  of  such  election, 


188  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

with  a  list  of  the  members  voting  thereat;  each  ballot  shall  contain 
the  najmes  of  the  persons  voted  for,  the  office  which  each  is  to  fill  and 
a  designation  of  the  term  for  which  he  is  to  serve.  At  such  election 
all  members  of  the  alumnal  association  of  such  university  or  college 
shall  be  entitled  to  vote,  and  members  not  in  attendance  may  exercise 
their  right  by  sending  ballots  conformable  to  the  foregoing  provisions, 
with  their  names  thereon  endorsed,  and  addressed  under  seal  to  the 
president  of  such  association.  (89  v.  120;  69  v.  71,  §  3.) 

Sec.  3749.  [Returns  of  the  election,  and  certificates.]  After  the 
polls  are  closed  the  result  shall  be  ascertained  and  certified  to  by 
the  judges  and  clerks,  and  the  person  or  persons,  not  exceeding 
the  number  to  be  elected  as  trustees,  having  received  the  highest 
number  of  votes  for  trustee  or  trustees,  shall  be  declared  elected 
as  trustee  or  trustees  as  designated  on  the  ballot,  and  the  two  per- 
sons who  receive  the  highest  number  of  votes  for  visitors  shall  be 
declared  elected,  but  their  terms  of  office  shall  not  begin  until  after 
the  final  adjournment  of  the  regular  meeting  of  the  trustees  for 
that  year;  if  any  two  or  more  persons  receive  an  equal  number  of 
votes  for  the  same  office  of  trustee  or  visitor,  one  of  them,  as  may 
be  determined  by  lot  by  the  judges,  in  the  presence  of  all  the  electors 
who  may  wish  to  be  present,  shall  be  the  trustee  or  visitor,  and  shall  be 
so  declared  ;  and  duplicate  certificates  of  election  shall  be  signed  by  the 
judges  and  clerks,  and  delivered  by  them,  one  to  each  of  the  persons 
elected,  and  the  other,  with  the  poll  books  duly  certified  by  the  judges 
and  clerks,  to  the  secretary  of  the  board  of  trustees  of  the  university 
or  college,  the  next  day  after  the  election,  which  certificate  he  shall 
enter  of  record  in  the  book  containing  the  proceedings  of  the  board  of 
trustees.  (69  v.  71,  §  3.) 

Sec.  3750.  [Endowment  fund  corporations.]  The  trustees  of 
a  corporation  incorporated  for  the  purpose  of  creating  a  fund,  the 
income  of  which  is  to  be  applied  to  the  promotion  of  education, 
may  receive  subscriptions  for  membership  in  the  corporation,  and 
they,  or  a  majority  of  them,  by  giving  ten  days'  notice,  by  publi- 
cation in  the  county  where  the  corporation  is  located,  may  call  a 
meeting  of  members  to  adopt  by-laws,  and  elect  not  more  than  nine 
directors;  each  member  shall  have  a  vote  for  every  amount  by 
him  subscribed  equal  to  that  in  the  articles  of  incorporation  speci- 
fied as  necessary  for  membership,  which  may  be  cast  in  person  or 
by  proxy,  but  at  no  subsequent  meeting  may  a  member  vote  for  or  be 
eligible  as  a  director  who  is  in  arrears  to  the  corporation ;  and  the 
trustees  shall  control  the  funds  and  disburse  the  income  of  the  corpora- 
tion as  may  be  provided  by  its  by-laws.  (69  v.  173,  §§  I,  2,  3,  4,  5.) 

Sec.   3751      [How  certain   board  may  be  constituted  and   gov- 


OHIO   SCHOOL  LAWS.  189 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

erned.]  The  board  of  trustees  of  any  university,  college,  or  other 
institution  of  learning,  incorporated,  and  acting  under  the  patron- 
age of  one  annual  conference  or  other  religious  body  of  any  re- 
ligious denomination,  may  accept  the  provisions  of  this  and  the 
succeeding  section,  by  resolution  adopted  at  any  meeting  of  the 
board,  and  entered  upon  the  record  or  journal  of  its  proceedings ; 
and  after  such  acceptance  the  board  shall  be  organized,  constituted, 
regulated,  and  perpetuated  as  therein  provided;  but  no  right  ac- 
quired by  any  such  board,  university,  or  other  institution  of  learn- 
ing, under  its  charter,  o:  any  law  of  this  state,  shall  in  any  way  be 
impaired  or  affected  thereby.  (69  v.  180,  §  i.) 

Sec.  37510.  [Increase  in  number  of  trustees  of  certain  corpora- 
tions.] The  board  of  trustees  of  any  university  or  college,  hereto- 
fore incorporated,  and  now  under  the  patronage  of  one  annual  con- 
ference or  synod  or  other  religious  body  of  any  religious  denomina- 
tion, may  increase  the  number  of  its  trustees,  not  exceeding  six; 
said  additional  trustees  to  be  nominated  by  the  collegiate  alumni 
of  such  university  or  college  from  the  collegiate  alumni  of  three 
years'  standing,  for  appointment  or  election  by  such  patronizing  con- 
ference or  synod,  under  such  regulations  as  may  be  prescribed  by 
such  board  of  trustees;  provided,  that  the  board  of  trustees  of  such 
university  or  college  shall  so  determine  to  increase  the  number  of  its 
trustees  and  adopt  such  regulations  for  their  nomination,  by  resolution 
adopted  at  any  regular  meeting  of  such  board,  and  duly  entered  on  the 
record  of  its  proceedings ;  and,  provided  further,  that  such  patronizing 
or  governing  conference  or  synod  shall  consent  to  such  increase  of 
said  board  of  trustees  and  the  rules  and  regulations  for  the  nomination 
of  the  same.  And  after  such  board  of  trustees  is  so  increased  by  the 
election  of  any  additional  trustees,  not  exceeding  six,  the  board  of 
trustees  shall  in  all  respects  be  organized,  constituted,  regulated  and 
perpetuated  pursuant  to  and  under  the  provisions  of  the  charter  and 
said  provisions ;  but  no  rights  acquired  by  any  such  board  or  any  such 
university  or  college,  under  its  charter  or  any  law  of  this  state,  shall 
in  any  way  be  affected  or  impaired  thereby.  (91  v.  155.) 

Sec.  375I&.  [Incorporation  of  colleges  under  ecclesiastical  pat- 
ronage; what  articles  shall  contain.]  A  corporation  may  be  formed 
for  the  promotion  of  academic,  collegiate  or  university  education, 
under  religious  influences,  and  is  hereby  authorized  and  empowered 
to  set  forth  in  its  articles,  or  certificate  of  corporation,  as  a  part 
of  the  same,  the  name  of  the  religious  sect,  association  or  denomina- 
tion with  which  it  proposes  to  be  connected,  and  it  is  further  author- 
ized and  empowered  to  grant  any  ecclesiastical  body  of  such  re- 
ligious sect,  >association  or  denomination,  whether  the  same  be 


190  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

a  conference,  association,  presbytery,  synod,  general  assembly,  con- 
vocation or  otherwise,  the  right  to  appoint  its  trustees  or  directors, 
or  any  number  thereof;  and  it  is  further  authorized  and  empowered 
to  set  forth  in  its  articles  or  certificate  of  corporation,  such  other 
rights  as  to  the  administration  of  the  purpose  for  which  it  is  organized, 
and  not  inconsistent  with  the  laws  of  this  state  or  of  the  United  States, 
as  said  incorporation  may  desire  to  confer  upon  said  ecclesiastical  body 
of  such  religious  sect,  association  or  denomination  and  the  said  eccles- 
iastical body  of  such  religious  sect,  association  or  denomination  shall 
possess  and  exercise  all  rights  and  powers  to  set  forth  in  said  articles 
or  certificate  of  corporation.  (94  v.  331.) 

Sec.  375ic.  [Existing  corporations  may  avail  themselves  of  pro- 
visions of  act;  how.]  Any  corporation  formed  for  the  promotion  of 
academic,  collegiate  or  university  education,  under  religious  influ- 
ences, which  has  been  incorporated  under  the  laws  of  this  state, 
whether  by  special  act  of  the  legislature  or  otherwise,  may  avail 
itself  of  the  provisions  of  the  preceding  section,  as  a  part  of  its 
articles  or  certificate  of  incorporation,  and  may  confer  on  any  ecclesi- 
astical body  of  such  religious  sect,  association  or  denomination,  as 
it  is  now,  or  proposes  to  be  connected  with,  whether  the  same  be  a 
conference,  association,  presbytery,  synod,  general  assembly,  con  vo- 
cation or  otherwise,  any  or  all  the  rights,  powers  or  privileges  pro- 
vided by  the  preceding  section  to  be  conferred  on  corporations  here- 
after organized,  and  may  accept  the  provisions  of  such  preceding 
section  by  a  vote  of  the  majority  of  the  trustees  of  such  corporation 
at  any  regular  meeting;  and  when  so  accepted,  a  copy  of  said  ac- 
ceptance, certified  by  the  secretary  or  clerk  of  its  board  of  trustees  or 
directors,  shall  be  sent  to  the  ecclesiastical  body  with  which  it  is  now 
or  proposes  to  be  connected ;  if  such  ecclesiastical  body  agree  to 
accept  the  powers  proposed  to  be  conferred  upon  it,  it  shall  certify 
its  approval  upon  such  certified  copy  sent  to  it,  and  the  same  shall 
thereupon  be  filled  in  the  office  of  the  secretary  of  state ;  and,  when 
so  filed,  the  same  shall  become  and  be  a  part  of  the  charter  of  said 
corporation ;  and  said  ecclesiastical  body  of  such  religious  sect,  asso- 
ciation or  denomination,  whether  the  same  be  a  conference,  associa- 
tion, presbytery,  synod,  general  assembly,  convocation  or  otherwise, 
shall  possess  and  exercise  all  the  rights  and  powers  so  set  forth  in  said 
articles  or  certificate  of  corporation.  (94  v.  331.) 

Sec.  3752.  [Classes  and  election  of  trustees;  president  ex-officio 
a  member  of  the  board;  term;  vacancies;  increase  in  board.]  After 
such  acceptance  the  board  shall  certify  the  same  to  the  patronizing 
conference  or  other  religious  body  having  the  right  to  elect  or  ap- 
point trustees  of  such  university  or  other  institution  of  learning,  at 


OHIO   SCHOOL   LAWS.  191 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

the  next  meeting  of  such  conference  or  other  religious  body;  and 
thereafter  the  board  shall  consist  of  twenty-one  trustees  elected  or 
appointed,  and  the  president  of  such  university  or  other  institution 
of  learning,  who  shall  be  ex-officio  a  member  of  the  board ;  such 
elected  or  appointed  trustees  shall  be  divided  into  three  classes  of 
seven  members  each.  At  the  first  election  or  appointment  after  such 
acceptance,  one  of  such  classes  shall  be  elected  or  appointed  for 
one  year,  one  for  two  years  and  one  for  three  years,  and  in  all  sub- 
sequent elections  or  appointments  each  of  the  classes  of  trustees 
shall  be  elected  or  appointed  for  three  years,  but  no  term  of  office 
of  any  such  trustee  shall  expire  during  any  meeting  of  the  board 
which  does  not  continue  more  than  two  weeks.  Ten  members  of  the 
board  shall  constitute  a  quorum,  and  all  vacancies  which  occur  in  any 
class  of  trustees  otherwise  than  by  expiration  of  the  term  of  office,  shall 
be  filled  only  for  the  remainder  of  the  term;  provided,  that  any  such 
university  or  other  institution  of  learning,  having  heretofore  accepted 
the  provisions  of  orignal  sections  3751  and  3752,  may  increase  its 
board  of  trustees  by  electing  or  appointing  two  additional  members  in 
each  of  the  classes  of  trustees  herein  provided  for.  (1888,  March  30; 
85  v.  140,  141 ;  Rev.  Stat.  j88o;  69  v.  180,  §§  2,  3;  70  v.  157,  §  i.) 

Sec.  3753.  [Assessments  may  be  made  against  stockholders.] 
The  proportion  that  each  stockholder  of  any  college,  academy,  uni- 
versity, seminary,  or  other  institution  for  the  promotion  of  educa- 
tion, shall  be  required  to  pay  to  meet  the  debts  and  liabilities  of 
the  corporation,  may  be  determined  and  collected  in  the  manner  pro- 
vided by  the  three  succeeding  sections.  (58  v.  20,  §  i  ;  S.  &  S.  108.) 

Sec.  3754.  [Meeting  of  the  stockholders,  and  notice  thereof.] 
The  trustees  of  any  such  corporation  desiring  to  avail  themselves 
of  such  provisions  shall  call  a  meeting  of  the  stockholders  for  the 
purpose  of  determining  what  amount  of  the  indebtedness  of  the  cor- 
poration shall  be  paid  by  each  stockholder;  and  they  shall  give 
thirty  days'  notice  to  the  stockholders,  in  writing,  or  by  publication 
in  some  newspaper  of  general  circulation  in  the  county  where  the 
corporation  is  located,  of  the  time,  place,  and  purpose  of  the  meet- 
ing, at  which  the  trustees  shall  submit  a  detailed  statement  showing 
the  assets  and  indebtedness  of  the  corporation.  (58  v.  20,  §§  2,  3; 
S.  &  S.,  108.) 

Sec.  3755.  [Meeting  may  fix  amount  of  assessment.]  A  majority 
in  interest  of  the  stockholders  present  at  such  meeting  may  determine 
what  amount  of  the  indebtedness  of  the  corporation  shall  be  paid  by 
each  stockholder,  and  fix  the  time  or  times,  and  the  mode,  for  the  pay- 
ment of  the  amount  of  money  assessed  against  each  stockholder ;  but 
these  provisions  shall  not  interfere  with  or  abridge  the  right  of  any 


192  OHIO    SCHOOL   LAWS. 


Cli.  14.  Colleges  and  Institutions  of  Learning. 

creditor  of  the  corporation  to  institute  any  proceedings  authorized 
by  law  to  enforce  the  liability  of  stockholders.  (58  v.  20,  §  4;  S.  &  S., 
108.) 

Sec.  3756.  [How  much  may  be  assessed,  and  collection  thereof.] 
The  assessments  shall  be  pro  rata  upon  the  stock  subscribed  or  other- 
wise acquired  by  each  stockholder,  and  in  no  case  shall  exceed  the 
amount  for  which  each  stockholder  is  or  may  be  liable  by  law ;  and  a 
stockholder  who  fails  to  pay,  as  required  by  the  assessment,  the 
amount  so  assessed  against  him,  shall  be  liable  in  a  civil  action,  to 
be  brought  in  the  name  of  the  corporation,  for  the  recovery  thereof, 
as  in  other  cases  of  indebtedness.  (58  v.  20,  §§  5,  6;  S.  &  S.  108,  109.) 

Sec.  3757.  [The  board  of  military  academies;  how  constituted, 
etc.]  The  academic  board  of  an  institution  incorporated  for  military 
and  polytechnical  education  shall  consist  of  the  superintendent  of  the 
institution,  the  commandant  of  cadets,  and  the  professors,  and  may 
make  and  enforce  rules  and  regulations  for  the  government  of  cadets ; 
but  such  rules  and  regulations  must  be  first  submitted  to  and  approved 
by  the  governor  of  the  statje.  (64  v.  239,  §§  i,  2;  S.  &  S.,  109.) 

Sec.  3758.  [Board  of  visitors;  how  constituted.]  The  board  of 
visitors  of  such  institution  shall  consist  of  the  governor  who  shall  be 
ex-officio  a  member  and  the  president  of  the  board,  of  two  other  per- 
sons to  be  named  by  the  governor,  and  such  other  persons  as  the 
superintendent  of  the  institution  may  appoint.  (64  v.  239,  §  3  ;  S. 
&  S.  1 10.) 

Sec.  3759.  [Duties  of  board  of  visitors.]  The  board  of  visitors 
shall  meet  annually  at  the  institution,  on  the  first  day  of  the  annual 
commencement  exercises,  and  examine  into  the  condition  of  the 
classes,  quarters,  and  commons,  and  the  discipline,  drill,  records  of 
standing  in  study,  and  conduct  of  the  cadets,  and  shall  report  on 
same  to  the  legislature  at  its  next  annual  session ;  but  the  board  of 
visitors,  or  any  member  thereof,  may  visit  and  inspect  the  institution 
at  any  time.  (64  v.  239,  §  4;  S.  &  S.  no.) 

Sec.  3760.  [How  the  term  of  office  of  trustees  and  visitors  may 
be  fixed.]  At  a  regular  meeting  for  the  election  of  directors  or 
trustees  of  any  college  or  other  institution  of  learning,  the  authori/.ed 
voters  may  determine,  by  vote,  whether  the  election  of  directors  or 
trustees  shall  be  held  annually,  if  the  term  of  their  election  is  for  a 
longer  period  than  one  year,  and  also  what  proportion  of  the  entire 
board  shall  be  elected  annually;  at  the  first  election  held  under  the 
provisions  of  this  section  the  voters  shall  designate  upon  their  bal- 
lots who  shall  serve  for  one  year,  who  for  two  years,  and  who  for 
.three  years;  and  vacancies  caused  by  expiration  of  term  of  office 
shall  be  filled  by  election  annually  thereafter.  (70  v.  125,  §  i.) 


OHIO   SCHOOL   LAWS.  193 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

Sec.  3761.  [Certain  corporations  may  change  location.]  The 
trustees  of  colleges  and  other  institutions  of  learning  not  endowed 
by  voluntary  contributions,  which  have  been  established  under  special 
acts  of  incorporation,  and  which  by  the  provisions  of  such  acts  are 
located  at  particular  places,  may  change  the  location  thereof  to  such 
other  places  as  they  may  deem  proper,  and  erect  and  maintain  acad- 
emies and  other  schools  auxiliary  thereto.  (70  v.  248,  §  i.) 

Sec.  3762.  [Sale  and  distribution  of  the  property  of  certain  cor- 
porations.] The  trustees  of  any  university,  college,  or  other  institu- 
tion of  learning,  incorporated  by  the  authority  of  this  state  under 
special  charter,  owned  in  shares  or  stock  subscribed  or  taken,  may 
dispose  of  its  property  at  public  sale,  upon  such  terms  as  to  payment 
as  the  stockholders  thereof,  by  a  vote  of  three-fourths  of  the  shares 
or  stock  of  the  institution,  may  direct,  after  giving  public  notice  of 
the  same,  by  publication,  for  six  consecutive  weeks  in  some  news- 
paper published  in  the  county  where  the  institution  is  located,  if  one 
is  published  therein,  and  if  not,  then  in  some  newspaper  published 
in  this  state,  and  of  general  circulation  in  such  county,  which  notice 
shall  contain  a  full  statement  of  the  terms,  time,  and  place  of  sale, 
and  the  action  of  the  trustees  as  aforesaid;  and  the  trustees  may 
close  up  the  corporate  existence  of  such  institution,  and  make  an 
equitable  division  and  distribution  of  the  proceeds  of  the  sale  among 
all  the  holders  of  shares  or  stock,  after-  the  payment  of  the  just 
debts  of  the  corporation.  (67  v.  24,  §  i.) 

Sec.  37620.  [Certain  colleges,  whose  articles  of  incorporation  are 
not  on  file  in  the  office  of  the  secretary  of  state,  may  file  same  there  and 
amend.]  The  trustees  of  any  university,  college  or  institution  of 
learning,  incorporated  by  the  authority  of  this  state,  or  under  the  gen- 
eral corporation  laws  thereof,  owned  in  shares  of  stock  subscribed 
and  paid  up  in  full,  by  a  majority  of  the  owners  of  such  stock,  for  the 
sole  purpose  of  promoting  education,  religion  and  morality,  or  the 
fine  arts,  exclusively  among  males  or  females,  may,  on  the  written 
petition  of  the  owners  of  the  majority  of  such  stock  filed  before  them, 
or  on  the  vote  of  the  owners  of  the  majority  of  such  shares  of  paid 
up  stock  at  any  general  meeting  of  the  stockholders  called  for  such 
purpose,  after  thirty  days'  notice  published  in  some  newspaper  pub- 
lished and  of  general  circulation  in  the  county,  by  the  board  of  trus- 
tees, may  change  the  name  and  enlarge  the  purposes  and  objects  of  any 
such  university,  college  or  institution,  by  amendments  to  its  charter, 
approved  by  the  owners  of  the  majority  of  such  stock  for  the  change  of 
the  name  and  the  enlargement  of  the  purpose  and  object  of  such  uni- 
versity, college  or  institution  of  learning,  so  that  all  the  educational 
rights  and  privileges  thereof  may  be  bestowed  in  the  co-equal  and  co- 

13-S.  L. 


194  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

ordinate  education  of  both  sexes.  When  such  amendment  is  adopted 
and  the  original  articles  of  incorporation  of  said  corporation  have  not  been 
filed  and  recorded  in  the  office  of  the  secretary  of  state,  a  copy  of  such 
amendment  and  copy  of  the  original  articles  of  incorporation  of  said  cor- 
poration, with  a  certificate  to  each  of  them  thereto  affixed,  signed  by 
the  president  and  secretary  of  said  corporation,  and  sealed  with  the 
corporate  seal,  if  any  there  be,  stating  the  fact  and  date  of  the  adop- 
tion of  such  amendment,  and  that  such  copy  of  said  amendment,  and 
that  such  copy  of  said  original  articles  of  incorporation  of  said  cor- 
poration are  and  is  a  true  copy  of  the  originals,  shall  be  recorded 
in  the  office  of  the  secretary  of  state,  and  when  so  recorded,  and  not 
until  then,  said  amendment  shall  become  and  be  in  law  the  sole 
articles  of  incorporation  of  said  corporation ;  and  all  the  property, 
real  and  personal  and  the  title  thereunto,  and  all  the  rights  and  credits, 
shares  of  stock,  and  rights  of  stockholders,  corporate  franchises,  and 
all  endowment  fund  or  funds,  or  gift  or  bequest,  or  legacies  or  mort- 
gage securities  and  promissory  notes,  and  rights  of  every  kind  be- 
longing to,  vested  in  or  claimed,  or  possessed  by  the  said  original 
corporation,  shall  by  said  amendment  pass  to,  be  assigned  and  trans- 
ferred and  vested  in  and  held,  enjoyed  and  exercised  by  the  said  cor- 
poration named,  created  and  organized  by  said  amendment  for  the 
promotion  of  all  the  objects  and  purposes  of  its  creation  and  organi- 
zation. For  recording  such  amendments  and  copies  of  such  original 
articles  of  incorporation,  and  for  furnishing  a  certified  copy  or  copies 
thereof,  the  secretary  of  state  shall  receive  a  fee  of  twenty  cents 
per  hundred  words,  to  be  in  no  case  less  than  five  dollars.  (1888, 
April  14;  85  v.  270.) 

Sec.  3762^.  [Colleges  may  change  name  and  purpose,  when;  pro- 
cedure; fees.]  That  the  board  of  trustees  of  any  university,  college 
or  institution  of  learning,  incorporated  by  the  authority  of  this  state, 
or  under  the  general  corporation  laws  thereof,  for  the  sole  purposes  of 
promoting  education,  religion  and  morality,  or  the  fine  arts,  may,  at  any 
regular  or  special  meeting  of  such  board  of  trustees,  called  for  such 
purpose,  after  thirty  days'  actual  notice  to  each  and  all  of  such  trus- 
tees, change  the  name  and  enlarge  the  purposes  and  objects  of  any 
such  university,  college  or  institution  of  learning,  by  amendment  to 
its  charter,  approved  by  a  majority  of  such  board  of  trustees  at  such 
regular  or  special  meeting,  so  called  and  so  notified,  for  the  change  of 
such  name  and  the  enlargement  of  the  purposes  and  objects  of  such 
university,  college  or  institution  of  learning.  When  such  amend- 
ment is  so  adopted  by  the  board  of  trustees  of  any  university,  col- 
lege or  institution  of  learning,  already  incorporated  by  the  authority 
of  this  state,  or  under  the  general  corporation  laws  thereof,  a  copy 


OHIO   SCHOOL  LAWS.  195 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

thereof,  with  a  certificate  thereto  affixed,  signed  by  the  president 
and  secretary  of  such  board  of  trustees,  and  sealed  with  the  corpor- 
ate seal,  if  any  there  be,  stating  the  fact  and  date  of  such  amend- 
ment, and  that  such  copy  is  a  true  copy  of  the  original  amendment, 
shall  be  filed  and  recorded  in  the  office  of  the  secretary  of  state,  and 
when  so  filed  and  recorded,  and  not  until  then,  said  amendment  shall 
become  and  be  in  law  an  integral  part  of  the  articles  of  incorporation 
of  said  corporation,  and  all  the  property,  real  and  personal,  the  title 
thereto,  and  all  the  rights  and  credits,  corporate  powers  and  fran- 
chises, and  all  endowment  fund  or  funds,  gifts  and  bequests,  legacies, 
mortgage  securities  and  promissory  notes,  and  all  powers,  rights  and 
privileges  of  every  kind  belonging  to,  vested  in,  claimed  or  pos- 
sessed by  said  original  corporation  shall,  by  said  amendment,  pass 
to,  be  assigned,  transferred  and  vested  in,  and  held,  enjoyed  and  ex- 
ercised by  the  said  corporation,  •  named,  created  and  organized  by 
said  amendment  for  the  promotion  of  all  the  objects  of  its  creation 
and  organization.  And  said  new  corporation  shall  be  liable  for  and 
perform  all  the  lawful  obligations,  contracts  and  undertakings  of 
said  original  corporation.  For  recording  such  amendment  and  fur- 
nishing a  certified  copy  or  copies  thereof,  the  secretary  of  state  shall 
receive  a  fee  of  twenty  cents  per  hundred  words,  to  be  in  no  case 
less  than  five  dollars.  (87  v.  8.) 

Sec.  3763.  [Restrictions  under  which  medical  colleges  and  teach- 
ers may  receive  bodies  for  dissection.]  All  superintendents  of  city 
hospitals,  directors  or  superintendents  of  city  or  county  infirmaries, 
directors  or  superintendents  of  work-houses,  directors  or  superinten- 
dents of  asylums  for  the  insane,  or  other  charitable  institutions 
founded  and  supported  in  whole  or  in  part  at  public  expense,  the 
directors  or  warden  of  the  penitentiary,  township  trustees,  sheriffs, 
or  coroners,  in  possession  of  bodies  not  claimed  or  identified,  or  which 
must  be  buried  at  the  expense  of  the  county  or  township,  shall,  be- 
fore burial,  hold  such  bodies  not  less  than  thirty-six  hours  and  shall 
notify  the  professor  of  anatomy  in  any  college  which  by  its  charter 
is  empowered  to  teach  anatomy,  or  the  president  of  any  county  med- 
ical society  of  the  fact  that  such  bodies  are  being  so  held  and  shall, 
before  or  after  burial,  by  such  said  superintendent,  director,  or  other 
officer,  on  the  written  application  of  the  professor  of  anatomy,  the 
president  of  any  county  medical  society,  deliver  to  such  said  pro- 
fessor, or  president,  for  the  purpose  of  medical  or  surgical  study  or 
dissection,  the  body  of  any  person  who  has  died  in  either  of  said  in- 
stitutions from  any  disease,  not  infectious,  if  such  body  has  not  been 
requested  for  interment  by  any  person  at  his  own  expense ; 

[Body  to  be  delivered  to  claimant.]     If  the  body  of  any  deceased 


196  OHIO    SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

person  so  delivered,  be  subsequently  claimed,  in  writing,  by  any  rel- 
ative or  other  person  for  private  interment,  at  his  own  expense,  it 
shall  be  given  up  to  such  claimant ; 

[Interment  of  body  after  examination  or  dissection.]  After  such 
bodies  shall  have  been  subjected  to  such  medical  or  surgical  examin- 
ation or  dissection,  the  remains  thereof  shall  be  interred  in  some 
suitable  place  at  the  expense  of  the  party  or  parties  in  whose  keeping 
said  corpse  has  been  placed. 

[Notification  to  relatives  of  deceased  person.]  In  all  cases  it 
shall  be  the  duty  of  the  officer  having  such  body  under  his  control 
to  notify  or  cause  to  be  notified,  in  writing,  the  relatives  or  friends 
of  such  deceased  person ; 

[Penalty  for  refusal  to  deliver  body,  or  acceptance  of  consideration 
for  same.]  And  any  superintendent,  coroner,  or  infirmary  director, 
sheriff,  or  township  trustee,  failing*  or  refusing  to  deliver  such  bodies 
when  applied  for,  as  herein  provided,  or  who  shall  charge,  receive,  or 
accept  money,  or  other  valuable  consideration  for  the  same,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars,  and  not  less  than 
twenty-five  dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding 
six  months;  provided,  however,  that  in  no  case  shall  the  body  of  any 
such  deceased  person  be  delivered  until  twenty-four  hours  after  death. 

[Body  of  stranger  or  traveler.]  The  bodies  of  strangers  or  trav- 
elers, who  die  in  any  of  the  institutions  herein  named,  shall  not  be 
delivered  for  the  purpose  of  dissection,  except  said  stranger  or  trav- 
eler belong  to  that  class  commonly  known  as  tramps ;  and  all  bodies  de- 
livered as  herein  provided  shall  be  used  for  medical,  surgical  and 
anatomical  study  only,  and  within  this  state, 

[Unlawful  to  have  unauthorized  body  in  possession;  penalty.] 
And  the  possession  of  the  body  of  any  deceased  person  for  the  above 
purposes,  and  not  authorized  under  this  section,  shall  be  unlawful, 
and  the  detention  of  the  body  of  any  deceased  person,  claimed  by 
relatives  or  friends  for  the  interment  at  their  expense,  shall  also  be 
unlawful,  and  the  person  sor  detaining  said  body  unlawfully,  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars,  nor  less  than 
twenty-five  dollars,  or  be  imprisoned  in  the  county  jail  not  exceed- 
ing six  months.  (93  v.  84;  78  v.  33;  Rev.  Stat.  1880;  67  v.  25,  §  i.) 

Sec.  3764.  [Penalty  for  having  unlawful  possession  of  corpse.] 
Any  person,  association,  or  company,  having  unlawful  possession 
of  the  body  of  any  deceased  person  shall  be  jointly  and  severally 
liable  with  any  and  all  other  persons,  associations,  and  companies 
that  had  or  have  had  unlawful  possession  of  such  corpse  in  any  sum 
not  less  than  five  hundred  dollars  and  not  more  than  five  thousand 
dollars,  to  be  recovered  at  the  suit  of  the  personal  representative 


OHIO   SCHOOL   LAWS.  197 


Colleges  and  Institutions  of  Learning.  Ch.  14. 

of  the  deceased  in  any  court  of  competent  jurisdiction,  for  the  benefit 
of  the  next  of  kin  of  deceased. 

Sees.  3765-3766.     Repealed  1880,  March  26;  77  v.  85. 

Sec.  3767.  [Organic  rules  which  may  be  prescribed  in  certain 
articles  of  incorporation.]  An  association  incorporated  for  the  pur- 
pose of  receiving  gifts,  devises  or  trust  funds  to  erect,  establish,  or 
maintain  an  academy  in  any  department  of  fine  arts  or  a  gallery 
for  the  exhibition  of  paintings  or  sculpture  or  works  of  art,  or  a 
museum  of  natural  or  other  curiosities,  or  specimens  of  art  or  nature 
promotive  of  knowledge,  or  a  law  or  other  library,  or  courses  of 
lectures  upon  science,  art,  philosophy,  natural  history,  or  law,  and 
to  open  the  same  to  the  public  on  reasonable  terms,  or  an  industrial 
training  school,  or  a  mechanics'  institute  for  advancing  the  best 
interest (s)  of  mechanics,  manufacturers  and  artisans,  by  the  more 
general  diffusion  of  useful  knowledge  in  those  classes  of  the  com- 
munity, or  homes  for  indigent  and  aged  widows  and  unmarried  wo- 
men and  whose  directors  or  trustees  may  be  of  either  sex,  may  in  its 
articles  of  incorporation  prescribe  the  tenure  of  office  of  the  trustees  or 
directors,  the  mode  of  appointing  or  electing  successors,  the  adminis- 
tration and  management  of  the  property,  and  trust  and  other  funds  of 
the  corporation,  and  such  other  organic  rules  as  may  be  deemed  ex- 
pedient or  acceptable  to  donors  which  shall  be  and  remain  the  per- 
manent organic  law  of  the  corporation.  (1887,  February  21 ;  84  v. 
31 ;  83  v.  40;  Rev.  Stat.  1880;  75  v.  135;  §§  I,  3.) 

Sec.  3768.  [May  add  to  the  objects  of  the  corporation;  accept- 
ance of  statutory  provisions.]  Such  corporations  may  by  certificate, 
duly  acknowledged  by  the  trustees  or  directors,  and  filed  in  the  office 
of  the  secretary  of  state,  add  to  the  original  objects  and  purposes 
of  the  corporation  any  of  the  several  objects  and  purposes,  mentioned 
in  the  preceding  section  which  were  not  provided  for  by  the  articles 
of  incorporation,  and  in  any  such  corporation  heretofore  incorporated 
under  the  laws  of  the  state  may  by  certificate,  reciting  the  organic 
rules  adopted  by  such  corporation  as  its  permanent  organic  law,  and 
duly  acknowledged  by  the  trustees  or  directors,  and  lodged  in  the 
office  of  the  secretary  of  state,  except  the  provisions  of  the  preceding 
section.  (1886,  March  26;  83  v.  41 ;  75  v.  135,  §  3.) 

(3768-1)  Sec.  i.  [Authorizing  certain  mechanics'  institutes  to 
borrow  money;  liability  of  directors  and  trustees.]  Any  mechanics' 
institute,  incorporated  under  the  laws  of  this  state  prior  to  the  year 
eighteen  hundred  and  fifty-one,  be  and  it  is  hereby  authorized  and 
empowered  to  borrow  money,  issue  bonds  or  notes  therefor,  at  no 
more  than  the  legal  rate  of  interest,  and  secure  the  same  by  mort- 
gage upon  its  real  estate.  (82  v.  118.) 


198  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges  and  Institutions  of  Learning. 

(3768-2)  Sec.  2.  [Directors  not  personally  liable.]  The  direc- 
tors and  trustees  of  such  corporation  shall  not  be  personally  liable 
for  debts  contracted  by  virtue  of  this  act.  (82  v.  118.) 

Sec.  3769.  [Accounts  and  receipts  of  disbursements.]  The  offi- 
cers of  the  corporation  charged  or  intrusted  with  the  receipts  and 
disbursements  of  its  funds  or  property  shall  make  and  keep  like  accu- 
rate and  detailed  accounts  of  such  funds,  and  the  receipts  and  dis- 
bursements thereof,  as  are  required  to  be  kept  by  the  fund  commis- 
sioners of  the  state;  the  trustees  shall,  on  or  before  the  third  Mon- 
day in  January  of  each  year,  file  with  the  clerk  of  the  court  of  com- 
mon pleas  of  the  county  in  which  the  corporation  is  located  an  ab- 
stract of  their  account,  which  abstract  shall  correspond  in  date, 
amount,  person  to  whom  paid,  and  from  whom  received,  and  on  what 
account,  with  the  voucher  taken  or  given  on  account  of  such  receipts 
and  disbursements ;  they  shall  at  the  same  time,  annually,  file  in 
such  clerk's  office  a  report  of  the  names  of  the  donors,  the  kind, 
amount,  or  value  of  gifts  of  each,  and  a  brief  statement  of  the  condi- 
tions and  purposes  of  the  gifts ;  and  the  filing  of  such  abstract  and 
report,  and  the  supplying  of  any  omission  in  either,  may  be  enforced 
by  order  and  attachment  of  the  court  of  common  pleas  of  the  proper  • 
county,  against  the  trustees,  on  motion  of  any  respectable  citizen. 

(75  v.  135,  §  4-) 

Sec.  3770.  [Trustees  ineligible  to  other  office.]  No  trustee  shall 
be  eligible  to  any  office  or  agency  of  the  corporation  to  which  any 
salary  or  emoluments  is  attached,  nor  shall  the  trustees  be  allowed 
any  salary,  emoluments,  perquisites,  except  the  right  of  free  ingress 
to  the  grounds,  rooms,  and  buildings  of  the  corporation.  (75  v.  135, 

§  5-) 

Sec.  3771.  [Attorney  general  may,  by  action,  enforce  duties  of 
officers.]  On  application  to  the  attorney  general  of  five  citizens  of  the 
proper  county,  in  writing,  verified  by  the  oath  or  affirmation  of  one  of 
them,  setting  forth  specific  charges  against  any  of  the  fiscal  or  other 
agents  or  trustees  of  such  corporation,  involving  a  breach  of  trust  or 
duty,  he  shall  give  notice  thereof  to  the  trustees  or  agents  complained 
of,  and  inquire  into  the  truth  of  such  charges,  and  for  this  purpose  he 
may  receive  affidavits,  or  enforce,  by  process  from  the  court  of  com- 
mon pleas  of  Franklin  county,  the  production  of  papers  and  the  attend- 
ance of  witnesses  before  him ;  and  if,  on  testimony  or  other  evidence, 
he  believes  the  charges,  or  any  of  them,  to  be  true,  he  shall  proceed, 
by  action  in  that  court,  in  the  name  of  the  state,  against  the  delinquent 
trustee  or  trustees,  fiscal  agent  or  agents,  and,  on  the  hearing,  the 
court  may  direct  the  performance  of  any  duty,  or  the  removal  of  all 
or  any  of  the  agents  or  trustees  and  decree  such  other  and  further 
relief  as  may  be  equitable.  (75  v.  135,  §  6.) 


OHIO   SCHOOL   LAWS.  199 


Colleges  and  Institutions  of  Learning.  Ch.  14. 


Sec.  37710.  [How  number  of  trustees  of  certain  colleges  in- 
creased.] The  board  of  trustees  of  any  university  or  college  here- 
tofore incorporated,  but  not  under  the  patronage  of  conferences  or 
other  ecclesiastical  bodies  of  any  religious  denomination,  as  described 
in  section  3736,  may  increase  the  number  of  such  trustees  to  twenty- 
four,  exclusive  of  the  president,  or  a  less  number,  and  may  divide 
said  trustees  into  six  classes,  each  class  to  serve  six  years,  and  one 
class  to  be  chosen  each  year,  for  said  term ;  but  one  trustee  of  each 
class  may  be  chosen  by  the  votes  of  the  alumni  of  such  university 
or  college,  if  the  board  of  trustees  shall  so  provide  by  by-law,  in 
which  case  it  shall  also  be  the  duty  of  the  board  of  trustees  to 
provide,  by  such  by-laws,  a  method  of  nominating  and  electing  such 
appointee  of  the  alumni.  The  president  of  such  university  or  college 
shall,  ex-officio,  be  a  trustee  perpetually,  and  shall  not  be  included  in 
the  classes  going  out  in  rotation.  If  it  shall  be  necessary,  in  the  first 
enlargement  of  the  board  of  trustees,  under  this  section,  to  distribute 
new  members  to  the  several  classes,  whose  terms  shall  expire  by  rota- 
tion, the  distribution  may  be  made  in  such  manner  as  the  board  may 
direct,  so  that  no  trustee  shall  be  elected  for  a  longer  term  than  six 
years.  (87  v.  188;  86  v.  341.) 


APPENDIX. 


FORMS  AND  INSTRUCTIONS. 


I.     NOTICE   OF   ELECTION. 

Notice  is  hereby  given  that  an  election  for  members  of  the  board  of  education 
—  school  district, county,  Ohio,  will  be  held  on  the day 


of  November,  190 — ,  at  the  usual  voting  places  in  said  district.    At  said  election 
there  will  be  [state  number  of  members  to  te  elected  and  length  of  term.] 

— ,  Clerk  of  the  Board  of  Education. 

,  Ohio. 

— ,  190—. 

NOTE: — Notices  must  be  published  in  a  newspaper  of  general  circulation  in 
the  district  or  posted  in  five  public  places  in  the  district  at  least  ten  days  before 
elections.  All  school  elections,  except  those  for  director  in  township  sub- 
districts,  are  conducted  under  the  general  election  laws. 


II.     NOTICE  OF  ELECTION  IN  SUB-DISTRICTS. 

Notice  is  hereby  given  to  the  qualified  voters  of  sub-district  No. ,  of 

township,  county,  Ohio,  that  the  next  annual  school  meeting  for  the  elec- 
tion of  a  director  in  said  district  will  be  held  at  the school  house  in  said 

sub-district  on  Monday,  the day  of  April,  19 — ,  beginning  at  o'clock 

p.  m.  [A.  M.],  and  closing  at o'clock  p.  m.[a.  m.] 

,  Director. 


NOTE. — The  above  notice  to  be  posted  in  three  or  more  conspicuous  places,  at 
least  six  days  prior  to  the  election.    Section  3921o. 


III.     POLL  BOOK 

Of  the  election  held  in  sub-district  No.  ,in  the  township  of ,  in  the 

county  of ,  and  state  of  Ohio,  on  Monday,  the  day  of  April,  in  the 

year  A.  D.  19 — . 

A.  B.,  Chairman,  and  C.  D.,  Clerk,  judges  of  said  election,  were  severally 
sworn,  as  the  law  directs,  previous  to  their  entering  on  the  duties  of  their  re- 
spective offices. 


202 


OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


Number  and  names  of  electors. 

Number  and  names  of  electors. 

No.   1 
2 
3 
4 

No     5 

6 

7 
8 

It  Is  hereby  certified  that  the  number  of  electors  who  voted  at  this  election 

is .  ,  Chairman. 

— ,  Secretary. 

Judges. 
IV.   TALLY   SHEET 

Of  the  election  held  in  sub-district  No. ,  in  the  township  of  ,  in  the 

county  of ,  and  state  of  Ohio,  on  Monday,  the  day  of  April,  in  the 

year  A.  D.  19 — ,  to  elect  a  director  for  said  sub-district. 


Names  of  Candidates. 

Tallies,   showing   number   of  votes 
given  for  each  candidate. 

Total. 

5 

10 

15 

20 

25 

We  hereby  certify 

Thnt 

director, 
director, 
director. 
»r  for  a  term  of  one 

year. 

Thnt 

Thnt 

And   that   - 

elected  dlrectc 

Judges. 

OHIO   SCHOOL   LAWS.  •  203 


Forms  and  Instructions. 


The  poll  book  and  tally  sheet  must  be  signed  by  the  judges  of  election  before 
they  separate.  No  signing  after  such  separation  is  valid.  They  must  be  delivered 
within  eight  days  to  the  clerk  of  the  board  of  education. 

V.  MINUTES  OF  SUB-DISTRICT   SCHOOL  MEETING. 

SUB-DISTRICT,  No. , 


-TOWNSHIP, COUNTY,  OHIO. 

-I  Q 

I    Xv        > 


At  a  meeting  of  the  qualified  voters  of  said  sub-district,  held  on  the 

day  of  April,  19  — ,  —  -  was  appointed  secretary. 

Whereupon  said  voters  proceeded  to  elect  by  ballot,  a  director  of  said  sub- 
district  for  the  term  of  one  year,  and  upon  inspection  of  the  several  ballots  given 
at  said  election,  it  was  found  and  publicly  declared,  that  - 
was  duly  elected  for  the  term  of  one  year. 


-,  Chairman. 
-,  Secretary. 


VI.     APPOINTMENT  OF  SCHOOL  DIRECTOR  TO  FILL  VACANCY. 

This  is  to  certify  that  —  -  has  been  appointed  director 

of  sub-district  number  ,  -  -  township,  -              -  county,  Ohio,  to 

fill  the  vacancy  caused  by —  of  —              —  said  appointment  to  ex- 
tend until  the  next  annual  election  as  provided  for  in  section  3921a. 
—Ohio. 
— ,  190— 

Attest:  ,  President. 

— ,  Clerk. 

VII.     OATH  OF  SCHOOL  DIRECTOR. 

The  following  oath  which  may  be  administered  by  the  clerk  or  any  other 
member  of  the  board  of  education,  should  be  taken  by  each  director  before  enter- 
ing upon  the  discharge  of  his  duties. 

You,  — ,  do  solemnly  swear  [or  affirm]  that  you  will  support  the 

constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Ohio,  and 
that  you  will  faithfully  and  impartially  discharge  the  duties  of  director,  in  and 
for  said  sub-district,  number , township,  —  —  county,  Ohio,  accord- 
ing to  law  and  the  best  of  your  ability. 

See  section  3921o. 

VIII.     DIFFERENT   MODES    OF   ALTERING   SUB-DISTRICTS. 

Resolved  by  the  board  of  education  of township,  That  there  be  trans- 
ferred and  united  with  sub-district  number ,  so  much  of  sub-district  number 

— ,  as  Is  bounded  as  follows:   [describe  boundary.] 

Resolved  by  the  board  of  education  of  toivnahip,  That  sub-district 

number is  hereby  abolished,  and  there  is  hereby  transferred  to  and  united 

with  sub-district  number  ,  so  much  of  the  territory  of  said  abolished  sub- 
district  as  is  bounded  as  follows:  [describe  boundary],  and  so  much  of  said  abol- 
ished sub-district  as  is  not  herein  united  with  sub-district  number ,  is  trans- 
ferred to  and  united  with  sub-district  number .  This  resolution  shall  take 

effect  on  the  day  of  ,  19 — . 


OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


Resolved  by  the  board  of  education  of township,  That  BO  much  of 

sub-district  number ,  as  is  bounded  as  follows:    [describe  boundary},  be  cut 

off  from  said  sub-district,  and  that  so  much  of  sub-district  number  -  -  as  is 
bounded  as  follows:  [describe  boundary},  be  cut  off  from  said  sub-district,  and 
that  the  territory  thus  cut  off  from  sub-districts  numbers  and ,  respec- 
tively, is  hereby  consolidated  and  formed  into  a  new  sub-district  and  designated 
sub-district  number of  —  -  township. 

Resolved  by  the  board  of  education  of  -        -  township,  That  sub-districts 

numbers and  -   —  are  hereby  abolished,  and  that  the  territory  included  in 

said  sub-districts  at  the  time  of  their  abolishment  is  hereby  consolidated  and 
formed  into  a  new  sub-district,  and  designated  sub-district  number  -   -  of  - 
township.  This  resolution  shall  take  effect  on  .the day  of  -     — ,  19 — . 

NOTE. — When  a  new  sub-district  is  formed  the  township  board  should  ap- 
point a  director  as  provided  in  section  3921a. 

IX.     RESOLUTIONS   ON   BOND   ISSUE. 


Resolved,  By  the  board  of  education  of school  district, 


county,  Ohio,  That  it  is  necessary  for  the  proper  accommodation  of  the  schools 
of  said  district  that  [state  nature  of  improvement},  that  it  will  require  f — 
to  make  said  improvement,  that  the  funds  at  the  disposal  of  said  board  or  that 
can  be  raised  under  the  provisions  of  section  3994  of  the  Revised  Statutes  of 
Ohio,  are  not  sufficient  to  accomplish  said  purpose  and  that  a  bond  issue  is 
necessary,  it  is  therefore  further 

Resolved,  That  an  election  be  held  in  said  school  district  on  the  question 

of  the  issuing  of  bonds  in  the  sum  of  $ for  the  purpose  herein  specified, 

on  the  day  of  190 — ,  and  that  the  clerk  of  the  board  be 

directed  to  forward  a  copy  of  these  resolutions  to  the  deputy  state  supervisors  of 
elections  and  request  said  supervisors  to  provide  election  supplies  and  conduct 
said  election,  and  that  the  clerk  be  also  directed  to  publish  the  notices  of  said 
election  as  provided  by  law. 

X.     NOTICE  OF  ELECTION  FOR  BOND  ISSUE. 

Notice  is  hereby  given  by  the  board  of  education  of —  school 

district,  county,  Ohio,  that  there  will  be  an  election  held  in  saiil 

district  at  the  usual  voting  place  [places},  between  the  hours  of  5:30  a.  m.  and 

6:30  p.  m.,  on  the  -  -  day  of  — ,  190 — ,  to  consider  the  question 

of  a  bond  issue  in  the  sum  of  $ —  — ,  for  the  purpose  of  [here  state  purpose} 
as  provided  in  section  3991  of  the  Revised  Statutes  of  Ohio. 

By  order  of  the  board  of  education 

Clerk. 

Ohio. 


-190—. 

FORM   OF   BALLOT. 


• 

1 

I 

Yr^ 

XTn 

OHIO    SCHOOL   LAWS.  205 


Forms  and  Instructions. 


All  elections  on  school  questions  should  be  held  under  the  supervision  of  the 
regular  election  officers  ajid  the  ballots  be  made  to  conform  to  the  provisions  of 
the  general  election  laws. 


XI.     PETITION  FOR  SPECIAL  SCHOOL  DISTRICT. 

To  the  Probate  Judge  of County,  Ohio: 

We,  the  undersigned  petitioners,  being  male  citizens  and  electors  of  a  pro- 
posed special  school  district,  respectfully  request  that  a  special  school  district  be 
established  from,  the  territory  herein  described  for  the  following  reasons: 
\give  reasons.]  Said  special  school  district  to  be  bounded  and  described  as  fol- 
lows: [Give  description  in  full]. 

Respectfully  submitted, 
,  Ohio. 


190—. 


NOTE: — The  above  petition  must  be  signed  by  at  least  ten  male  electors 
and  must  be  accompanied  by  a  certificate  from  the  county  auditor  giving  the 
total  tax  valuation  of  the  proposed  district,  an  accurate  map  of  the  same  and 
an  undertaking  with  security  for  costs  in  the  sum  of  flOO. 


XII.     NOTICE'  OF  SPECIAL  MEETINGS. 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the  board  of  educa- 
tion of —  school  district,  —  county,  Ohio,  on  the day  of 

— ,  at o'clock ,  at  —         •— ,  to  consider  any  business  which 

may  be  considered  necessary. 

,  Clerk. 

,  ,  19—. 

NOTE: — A  special  meeting  may  be  called  by  the  president,  clerk  or  two  mem- 
bers of  the  board. 

XIII.     TEACHER'S   CONTRACT. 

An  agreement  entered   into   between  ,  of  ,  county, 

Ohio,  and  the  board  of  education  of  school  district  in  county, 

Ohio;  the  said  —  —  hereby  agrees  to  teach  in  the  public  schools  of  said 

district  for  a  term  of months,  and  also  agrees  to  abide  by  and  maintain 

the  rules  and  regulations  adopted  by  said  board  for  the  government  of  said 
schools  of  said  school  district.    And  in  consideration  of  such  services,  the  said 

hoard  of  education  agrees  to  pay  the  said the  sum  of dollars. 

payable  monthly  at  the  office  of  the  treasuer  of  the  board  of  education. 

Entered  into  this day  of ,  19 — . 

,   Teacher. 

,    President. 

—,   Clerk. 
Any  special  provisions  may  easily  be  inserted. 


206 


OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


XIV.     ORDER  ON  THE  TREASURER. 
(Form  prescribed  by  Bureau  of  Inspection  and  Supervision  of  Public  Offices.) 


No. OFFICE  OF  BOARD  OF  EDUCATION SCHOOL  DISTBICT. 

$ ,  OHIO, 19 


THE  TREASURER  OF  SAID  SCHOOL  DISTRICT 
WELL  PAY  TO  


DOLLARS. 


out  of 


Fund  in  the  Treasury. 


For 


BY  OBDEB  OF  THE  BOARD  OF  EDUCATION. 
PRESIDENT. CLERK. 


XV.     ORDER  ON  TREASURER  WHEN  SCHOOL  FUNDS  ARE  IN  A 

DEPOSITORY. 

(Form  prescribed  by  Bureau  of  Inspection  and  Supervision  of  Public  Offices.) 


1 


V 

a 


No.- 


OFFICE  OF  BOARD  OF  EDUCATION. 
,  OHIO,- 


-  SCHOOL  DISTRICT. 
19 


THE  TREASURER  OF  SAID  SCHOOL  DISTRICT 
WILL  PAY  TO  


DOLLARS. 


out  of 
For    — 


Fund  in  the  Treasury. 


BY  OBDEB  OF  TIIK  BOARD  OF  EDUCATION. 
PRESIDENT.      — '• CLERK. 


Payable  at 


Bank, 


,  Ohio. 

-TREASURER. 


OHIO   SCHOOL  LAWS.  207 


Forms  and  Instructions. 


XVI.     CERTIFICATE  OF  ANNUAL  SCHOOL  LEVY. 
(Form  prescribed  by  Bureau  of  Inspection  and  Supervision  of  Public  Offices.) 

To  the  Auditor  of  County: 

It  is  hereby  certified  by  the  Board  of  Education  of  

School  District, ..County,  that    the    entire    amount 

necessary  to  be  levied  upon  the  property  of  said  school  district  for  school  pur- 
poses, during  the  next  school  year,  as  directed  by  Sec.  3958  R.  S.,  is  as  follows: 

For  Tuition  Fund mills.  $ 

For  Building  Fund  mills.  ? 

For  Contingent  Fund mills.  $ 

For  Bonds,  Interest  and  Sinking  Fund       mills.  f 

For    mills.  $ 

BY  OEDEB  OF  THE  BOABD  OF  EDUCATION. 

CLERK. 

Ohio 19 

XVII.     CERTIFICATE  OF  SCHOOL  FUNDS  IN  TREASURY. 

We  hereby  certify  that,  by  a  count,  as  required  by  law,  of  all  the  money, 
bonds  and  securities  in  the  hands  of  —       — ,  treasurer  of  -      —  school  district 

county,  Ohio,  made  this day  of  ,  19—,  in  the  presence  of  the 

clerk  of  the  board,  we  find dollars  [and  bonds,  etc.,  in  value  amounting 

to dollars]  of  school  funds  to  be  in  the  treasury  on  the  date  above 

named,  and  we  have  directed  the  clerk  to  enter  upon  the  records  of  the  board 
a  copy  of  this  report. 


Board  (or  committee.) 

Attest:  ,  President. 

— ,  Clerk. 
[See  section  4043,  Revised  Statutes.] 

XVIII.     TRANSFER   OF   TERRITORY. 
(Minutes   of  boards.) 

Resolved,  That  the  following  described  territory  be  and  the  same  is  hereby 

transferred  from school  district,  county,  Ohio,  to  school 

district,  county,  Ohio,  subject  to  the  provisions  of  section  3894,  Revised 

Statues  of  Ohio  [give  description.] 

Resolved,  That  the  clerk  be  instructed  to  notify  the  board  of  education  of 

school  district  of county,  Ohio,  of  the  passage  of  this  resolution, 

and  upon  similar  action  being  taken  by  said  board  that  said  clerk  file  a  cer- 
tified copy  hereof  with  the  county  auditor,  together  with  a  correct  map  of  the 
territory  described. 

NOTE: — A  majority  of  the  full  membership  of  the  boards  is  necessary  to 
carry  such  a  resolution  and  a  yea  and  nay  vote  is  required. 


208  OHIO   SCHOOL    LAWS. 


Forms  and  Instructions. 


XIX.    LEASE  TO  SCHOOL  DISTRICT. 

Know  all  men  by  these  presents: 

That  —  ,  of  the  county  of  —  — ,  and  State  of ,  for  the  con- 
sideration herein  mentioned,  does  hereby  lease  unto  the  board  of  education  of 
the  township  of  -  — ,  county  and  state  aforesaid,  its  successors  and  assigns, 
the  following  premises,  to-wit:  [Here  insert  description],  with  all  the  privileges 
and  appurtenances  thereunto  belonging;  to  have  and  to  hold  the  same  for  and 

during  the  term  of years  from  the  day  of ,  19 — .  And  the  said 

board  of  education  for  itself  and  assigns,  does  covenant  and  agree  to  pay  the 

said for  the  said  premises,  the  annual  rent  of dollars.     [Insert 

date  and  place  of  payment.] 

In  witness  whereof,  the  said  parties  hereunto  set  their  hands,  this  

day  of  —     — ,  19—. 

,  Lessor. 


President  of  the  Board. 
,  Clerk. 


Signed,  sealed,  and  acknowledged  in  the  presence  of 


State  of  Ohio,  County,  ss.: 

Before  me,  a  —  -  in  and  for  said  county,  personally  appeared  -  — , 

grantor  in  the  above  instrument,  and  acknowledged  the  same  to  be  -  -  volun- 
tary act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  affixed  my 
seal,  this day  of ,  A.  D.  19—. 


(Title.) 

If  the  lease  be  for  three  years  or  more,  it  must  be  acknowledged,  attested  by 
two  witnesses,  and  recorded.  If  for  a  less  term,  it  need  not  be  executed  with 
these  formalities.  See  section  4112.  The  consideration  may  be  money  or  any- 
thing else,  and  the  form  varied  accordingly.  The  above  form  is  for  a  long  lease. 


XX.  OATH  OF  CLERK  OF  BOARD  OF  EDUCATION. 

The  State  of  Ohio,  County.  -        -  Township,   ss.: 

Before  me,  -  — ,  personally  came  -  — ,  who,  being  cfcwly  sworn 

according  to  law,  says  that  he  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  Ohio;  and  that  he  will  faithfully  discharge 
his  duties  as  clerk  of  the  board  of  education  of  the  -  —  school  district  — 

in county,  Ohio,  during  his  term  of  office,  and  until  his  successor  is 

chosen  and  qualified. 


of  said  Board. 


Sworn  to  before  me  and  signed  in  my  presence,  on  —      —  day  of  -     — ,  A. 
D.  19—. 

(Title.) 


OHIO   SCHOOL   LAWS.  209 


Forms  and  Instructions. 


XXI.     CLERK'S  BOND. 

The  bonds  required  by  law  of  all  school  officers  must  hereafter  be  given  by  a 
guaranty  company.     See  section  3641c. 


XXII.     FINAL  RECEIPT  OF  CLERK. 


-,  Ohio, ,  19—. 


Received  of ,  late  clerk  of school  district,  the  sum  of 


dollars,  the  record  book,  account  book,  school  laws,  teachers'  certificates  and 
reports,  and  the  other  official  books  and  papers  in  his  hands. 

,  Clerk. 

See  section  4054. 

XXIII.  OATH  OF  TREASURER  OF  BOARD  OF  EDUCATION. 

The  State  of  Ohio, County,  ss.: 

Before  me, ,  personally  came ,  who  being  duly  sworn, 

according  to  law,  says  that  he  will  support  the  constitution  of  the  United  States, 
and  the  constitution  of  the  state  of  Ohio;  and  that  he  will  faithfully  discharge 

his  duties  as  treasurer  of  the  board  of  education  of  the  school  district 

county,  Ohio,  during  his  continuance  in  said  office,  and  until  his  suc- 
cessor is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on  this day  of 

— ,  by  the  said . 


of  said  Board. 


XXIV.     TREASURER'S    BOND. 


The  bonds  required  by  law  of  all  school  officers  must  hereafter  be  given  by  a 
guaranty  company.     See  section  3641c. 

XXV.     FINAL   RECEIPT   OF   TREASURER. 


-,  Ohio,  ,  19— 


Received  of ,  late  treasurer  of  school  district 


county,  the  sum  of  dollars,  and  the  following  securities,  bonds,  and 

other  school  property,  to-wit:  

,  Treasurer. 

XXVI.     COMPLAINT  IN  REGARD  TO  SCHOOL  FUNDS. 

To  the  State  Commissioner  of  Common  Schools: 

SIB:     I  respectfully  submit  the  following  state  of  facts  as  existing  in 

school  district, county,  Ohio. 

(Statement  of  complaint  containing  one  of  the  causes  mentioned  in  section 
364,  R.  S.) 

In  consideration  of  the  above  statement  I  respectfully  request  the  appoint- 
ment of  some  competent  accountant  to  investigate  the  condition  of  the  school 
funds  of  said  district. 

,  Complainant. 

U-B.  is. 


210  OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


State  of  Ohio,  County,  ««.: 

I,  ,  ,  and  —     ,  do  solemnly  swear    (affirm) 

that  the  statements  made  in  the  foregoing  complaint  are  true  to  the  best  of  my 
knowledge  and  belief. 


Sworn  to  by , ,  and — ,  and  subscribed  in 

my  presence  this  day  of ,  19 — . 


(Title) 

I  hereby  certify  that  , ,  and  -  — ,  are 

freeholders  and  taxpayers,  residents  of  —      --  school  district. 


County  Auditor. 
-,  Ohio,  ,  19—. 


COMPULSORY  EDUCATION  LAW. 


XXVII.    NOTICE   TO   PARENT  OR  GUARDIAN. 

State  of  Ohio,  County,  ss. : 

To 

You  are  hereby  notified  that ,  a  child  between  the  ages  of 

and years,  under  your  charge,  is  not  attending  school,  that  such  non- 
attendance  is  in  direct  violation  of  the  law  and  without  legal  excuse. 

You  are  hereby  required  to  cause  said  child  to  attend  some  recognized  school 
within  two  days  from  the  date  of  this  notice,  and  you  are  warned  that  if  the 
truancy  of  said  child  is  persisted  in  the  final  consequences  will  be  as  provided 
by  law,  as  indorsed  hereon. 

Witness  my  hand  this day  of ,  19. . 


Truant  Officer. 

school  district county,  Ohio. 

Print  sections  4022-7  and  6986-7,  R.  S.,  on  reverse  side  of  form. 

XXVIII.     NOTICE  TO  TRUANT. 

State  of  Ohio,  County,  .<?*. : 

To ,  a  child  between  the  ages  of   and  years. 

You  are  hereby  notified  that  you  are  and  will  be  required  to  attend  some 
recognized  school  within  two  days  from  the  date  of  this  notice,  and  you  are 
hereby  warned  that  if  this  notice  is  not  complied  with  the  final  consequences 
will  be  as  provided  by  law  as  indorsed  hereon. 

Witness  my  hand  this day  of ,  19. . 


Truant  Officer. 

school  district county,  Ohio. 

Print  section  4022-8  in  full  on  reverse  side  of  form. 


OHIO  SCHOOL  LAWS. 


211 


Forms  and  Instructions. 


XXIX.     NOTICE   TO    EMPLOYERS    OP   YOUTH. 

To [Here  insert  name  of  person,  company  or  corporation] : 

Your  attention  is  respectfully  called  to  sections  4022-2,  4022-3,  4022-5  and 
4022-11,  6986-7,  R.  S.,  to  compel  the  elementary  education  of  children. 

In  compliance  with  the  provisions  of  this  act,  you  are  requested  to  return  to 
me  on  this  blank  the  names,  ages,  and  add  residences  of  all  minors  under  four- 
teen years  of  age  employed  by  you,  also  all  minors  between  fourteen  and  six- 
teen years  of  age,  and  to  state  whether  you  have  a  certificate  from  the  superin- 
tendent of  schools,  or  clerk  of  the  board  of  education  that  authorizes  you  to 
employ  such  minors. 


Clerk  of Board  of  Education. 


Names  of  Minors. 


Age. 


Residence. 


Certificate — Yes  or  No. 


In  cities  this  notice  may  be  signed  by  the  superintendent  of  schools. 

This  certificate  must  be  kept  on  file  until  the  youth  reaches  the  age  of  six- 
teen years  and  must  be  accessible  to  the  Truant  Officer  and  the  Inspector  of 
Factories  at  all  times. 


XXX.     AGE  AND   SCHOOLING   CERTIFICATE. 

(For  minors  under  sixteen  years  of  age.    Employed  at  Labor.) 

This  certifies  that  I  am  the   of   and 

(Parent   or   guardian)                 (Name   of   child) 
that was  born  at  in  the  county  of ,  state  of 


on  the day  of  18 . . ,  and  is  now years months  old. 

(Name  of  parent  or  guardian) 


212  OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


The  said  having  satisfactorily  verified  the  fore- 

(Name  of  parent  or  guardian) 

going  statement  I  hereby  approve  the  above  certificate  of  ; 

(Name  of  child) 
height feet  ....  inches;  complexion ;  hair  . . . . ;  having  no  sufficient 

reason  to  doubt  that  ....  is  of  the  age  therein  certified. 

I  hereby  certifiy  that    can  read  at  sight  and  write  legibly 

(Name   of   child) 
simple  sentences  in  the  English  language. 

This  certificate  belongs  to and  is  to  be  surrendered  to  

(Name   of   child) 
whenever  ....  leaves  the  services  of  the  person,  company  or  corporation  holding 

the  same;  but  if  not  claimed  by  said  child  within  thirty  days  from  such  time, 
it  shall  be  returned  to  the  superintendent  of  schools. 

Signature  , 

,  190..  Supt.  of  School^ 


OHIO   SCHOOL  LAWS. 


213 


Forms  and  Instructions. 


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OHIO   SCHOOL  LAWS. 


Forms  and  Instructions. 


XXXII.    TEACHER'S    REPORT. 
(Section   4022-6.) 

Ohio,   ,  19.. 

To  the  Clerk  of  the  Board  of  Education  of  ,  County,  Ohio. 

The  following  is  a  correct  list  of  the  pupils  attending  my  school  during 

the  month  ending ,  19 . . 

,  Teacher. 


Names  of  pupils. 


Age. 


Residence. 


OHIO   SCHOOL  LAWS.  215 


Index. 


INDEX. 


Absence. 

Page. 
Excuse  for,  4022-1    113 

Habitual  truant,  punishment,  4022-4-7-10 115,  116,  118 

Abstract. 

Enumeration,  failure  to  transmit  to  county  auditor,  action  taken,  4036  126 
Auditor  of  county  to  transmit  to  state  commissioner  of  common 

schools,  4039  127 

Statistics,  transmitted  by  county  auditor  to  state  commissioner  of 

common   schools,   4060    134 

Academy.     (See  College.) 

General  provisions  as  to,  3726-3771a  182-199 

Military,  how  constituted,  3757  192 

Board  of  visitors  for,  3758,  3759 192 

Report  of  to  state  commissioner  of  common  schools,  363 11 

Account. 

Clerk  of  school  districts,  how  kept,  4055 131 

Common  school  fund,  3954,  3955 43 

Educational  institutions,  accounts  of  officers,  3769 198 

School  funds,  account  of  by  auditor  of  state,  3954,  3955  43 

Schools  specially  endowed,  accounts  of,  4105-71  180 

Treasurer  of  school  funds,  accounts  of,  4055 131 

University  of  municipality,  trust  funds,  4101  158 

Accountant. 

Appointment  of  to  investigate  funds,  364  11 

Powers,  duties  and  compensation,  365  12 

Account  Books. 

Clerks  and  treasurers  furnished  by  county  auditor,  4055 131 

Advertisement.     (See   Notice.) 

Building  school  houses,  bids  for,  3988 61 

Age. 

Youth  of  school  age,  4013,  4030  101, 125 

Alcoholic  Drinks.     (See  Scientific  Temperance  Instruction.) 
Alumni.     (See  Colleges.) 

Election  of  trustees  and  visitors,  by,  3747,  3749  187, 188 


216  OHIO   SCHOOL   LAWS. 


Index. 


Appeal. 

Page. 
County  commissioners,   when  board  of  education   fails  to  provide 

proper  school  facilities,  3969   49 

Probate  court,  excuse  of  child  from  school,  to,  4022-1 113 

Special  districts,  creation  of,  3928,  3929    35,36 

Transfer  of  territory,  3895,  3896   16,17 

Appointment.    (See    Respective   Titles   of   Boards,   Officers,   etc.) 
Apportionment. 

Ohio  and  Miami  universities,  funds  for,  39516 42 

Salt  lands,  interest    on  proceeds  of  sale  of,  3952 42 

State  school  funds,  by  auditor  of  state,  3956 44 

When  county  line  divides  original  surveyed  township,  3957 44 

School  funds,  by  county  auditors,  3964,  3966   46, 47 

Annexation  of  territory  to  city  or  village,  after,  3896  17 

Distribution  of  money  after  apportionment,  3965  47 

Township  to  newly  created  special  district,  3929 3$ 

Special   district,   after  abandonment,   3929    36 

Transfer  of  territory,  after,  how  made,  3896 17 

Village,  surrender  of  corporate  powers,  after,  3889  15 

Appropriation. 

Cleveland  public  library,  for,  4002-18   79 

Private  property,  of,  for  school   purposes,   3990    62 

University  of  municipality,  appropriation  for,  4103  158 

Vote  necessary  for  certain  appropriations  by  board,  3982 56 

Art      Association  or  College. 

Accounts,   3760    192 

Attorney  general  to  enforce  trusts  of,  3771  198 

Bequests,  etc.,  may  accept,  3727  182 

Objects,  articles  of  incorporation  may  be  extended  to  others,  3768..  197 

Trustees  ineligible  to  office  in,  3770  198 

Articles  of  Incorporation. 

Educational  institutions,  certain,  3762a  „ 193 

Fine  art,  law,  etc.,  association,  what  may  provide,  3767  197 

Supplement  for  colleges,  3768  197 

Assessment. 

Colleges,  etc.,  amount,  how  fixed,  3755,  3756   191, 192 

Meeting  for,  3754  : . : 191 

Stockholders,  against,  3753   191 

Assignment  of  Youth. 

Board   of  education  may,  4013    101 

Astronomical  Observatory. 

University  of  municipality  may  establish,  4104  159 

Tax  levy  for,   4104    15'J 


OHIO    SCHOOL   LAWS.  217 


Index. 


Attendance.     (See  Compulsory  Attendance.) 

Page. 

Compulsory  education,   requirements,   4022-1    113 

Night  schools,  at,  4012,  4012a  101 

One  and  one-half  miles  from  school,  privilege  of  pupils  living,  4022a  112 

Non-residents,  by  agreement  of  boards  of  education,  4022  112 

Youth  entitled  to  at  school,  free,  4013  101 

Attorney  General. 

Educational  institutions,  duties  as  to,  3771  198 

Ohio  State  University  board,  legal  advisor  of,  4105-17  163 

Auditor.     (See  County  Auditor.) 
Auditor  of  State. 

Apportionment  of  school  funds,  by,  3956   44 

Bequests  to  school  funds,  accounts  of,  3955   43 

Ohio  State  University,  duties  as  to,  4105-46,  4105-47,  4105-49,  4105-50..  173,174 

Virginia  military  land,  duties  as  to,  4105-48  173 


B 

Ballot.     (See  Election.) 

City  districts  divided  into  sub-districts,  form  of,  3970-10 52 

School  elections,  deposited  in  separate  box,  3970-10  52 

Special  districts,  furnished  by  deputy  supervisors,  3931  87 

Abandonment  or  continuance,  form  of,  3935 38 

Ballot  Box. 

Separate,  for  school  elections,  3970-10  52 

Special  districts,   in,  3931 37 

Bequests. 

Boards  of  education  may  accept,  3975    54 

Cleveland  library  board  may  accept,  4002-4 75 

College  or  university  may  hold  in  trust,  3727 182 

Common  school  fund,  to,  how  applied,  3955  43 

Library  boards  in  city  and  village  districts,  may  accept,  4002-44 89 

Ohio  State  University,  bequests  to,  4105-15 163 

Toledo  Library  Board,  may  accept,  4002-31   84 

Bids,    Bidders,    Bidding. 

Bonds,  bids  for  sale  of  may  be  received,  3992  62 

Depositories  of  school  funds,  competitive  bidding  for,  396S 48 

School  houses,  construction  of,  3988 61 

Blame* 

Board  of  education,  report  of,  blanks  for,  4058  133 

County  auditor  to  distribute,  4058,  4060 133, 134 

Blank  books,  furnished  by,  4055 131 

Form  of  prescribed  by  state  commissioner.  359,  4070  10, 138 


218  OHIO  SCHOOL  LAWS. 


Index. 


Blanks — Concluded. 

Page. 
School  youth,  blanks  for  enumeration  of,  4039  127 

Teachers'   report  of  attendance  under  compulsory  education  law, 

4022-6 116 

Truant  officer,  blanks  for,  4022-5  115 

Blind. 

School,  attendance  of  blind  person  compulsory,  4022-10 118 

Board  of  Education.     (See  School  Districts.) 

CITY  SCHOOL  DISTBICTS,  IN 

Attached  territory,  duty  in  regard  to,  3898  

Board  of  examiners  in,  to  appoint,  4077  

Clerk,  election  of,  3897a  

Compensation  of   examiners,   4083    

Constituted  how,  board  of  education,  3897 

Deaf  children,  schools  for  authorized,  3901  

Director,  election  of  authorized,  4017  

Meetings    of,    3897a 

Members  of,  3897  

Election  of,  qualifications,  terms,  3897   

Organization  of  board,   3897a    

Physical  training,  instruction  in,  4020-17  

President,  election  of,  3897a  

Redistricting  of  cities,  3897,  3900 19,  26 

Report,  publication  of,  4059 133 

Sub-districts,  division  into,  3897   19 

Superintendent,  election,  4017a  105 

Teachers,  appointment  of,  confirmed  by,  4017a  105 

Teachers'  institutes  in,  4092   150 

May  dismiss  school  to  attend,  4091  150 

CLERK  OF.     (See  Clerk  of  Board  of  Education.) 

SPECIAL  DISTRICTS.     (See  Special  Districts.) 

Clerk,  election  of,   3933    38 

Constituted  how,  3930   37 

Conveyance  of  pupils,  may  provide  for,  3934  38 

Election  of,  3930,  3931   37 

First  election,   3932    37 

Members  of,  3930   37 

Term  of  office,  3930 37 

Organization  of  board,  3933 38 

President,  election  of,  3933  38 

Superintendent,  election  of,  4017a    105 

Teachers,  election  of,  4017a   105 

• 

TOWNSHIP  DISTRICTS.     (See  Township  districts.) 

Attached  territory,  duty  as  to,  3916 30 

Centralization  of  the  schools  by,  3922   32 

Election  on  question  of,  3927-2  33 


OHIO   SCHOOL   LAWS.  219 


Index. 


Board  of  Education — Continued. 

Page. 

Clerk,  election,  3920 ^1 

Constituted  how,  3915 30 

Election  of,  3915  30 

Meetings  of,  3920 31 

Members  of,  3915  30 

Term  of,  3915  30 

Organization  of,  3920  31 

President,  election  of,  3920  31 

Sub-districts  recognition  of,  3921  31 

Boundaries  of,  how  changed,  3921 31 

Superintendent,  election  of,  4017a  105 

Teachers,  election  of,  4017o 105 

VILLAGE  DISTBICTS.     (See  Village  Districts.) 

Attached  territory,  duty  as  to,  3910  28 

Clerk,  election,  3911 29 

Constituted  how,  3908  28 

Election  of,  3908  28 

In  newly  created  village,  3909  28 

Members  of,  3908  28 

Term  of,  3908  28 

Organization  of,  3911  29 

President,  election  of,  3911  29 

Superintendent,  election  of,  4017a  105 

Teachers,  election,  4017a 105 

GENERAL  PROVISIONS. 

Absence  of  president  and  clerk,  3983 56 

Accommodation  for  all  children,  4022-13   120 

Admission  to  schools  of  those  not  entitled  by  right  to  attend, 

4013 101 

Appropriate  private  property,  may,  3990  62 

Assignment  of  pupils  to  schools,  4013 101 

Attendance   compulsory,   4022-1-4022-14    113-115 

Attestation  of  record  of,  3984   57 

Bequests,  acceptance  and  "rules,  3975  54 

Boards  of  examiners,  appointment  of,  4077  143 

Compensation   and   expenses   of,   4083 146 

Bond  of  treasurer,  approval  of,  4043  128 

Bonds  issued  by,  for  school  house,  3991,  3992,  3993,  3994 62,63 

Centralization  of  township  schools  authorized,  3922,  3927-2 32,  33 

Children's  home,  school  at,  authorized,  4010   100 

City  solicitor,  is  legal  adviser  of,  3977  55 

Shall  not  be  a  member  of  the  board,  3977 55 

•      Commercial   departments,   may   establish,  4020-18 110 

Compensation,  none  except,  3974  54 

Contingent  fund,  what  constitutes,  3967   47 

County  commissioners  to  levy,  when,  3969  49 

Estimate  for,  to  be  made  by  board,  3958  45 

Levy,  certificate  of  to  county  auditor,  3960  46 


220  OHIO   SCHOOL   LAWS. 


Index. 


Board  of  Education — Continued. 

Page. 

Contract  of,  no  member  shall  have  interest  in,  3974 54 

Must  be  authorized  by  board,  3974  54 

What  are  valid,  3972 54 

With  teachers,  what  constitutes,  4017   103 

Contract  for  building,  repairing,  etc.,  how  let,  3988  61 

Conveyances,   how  executed,  3971,  3974 53,  54 

Corporate  powers  of,  3971   53 

Deaf  children,  schools  for  in  city  districts,  3901  27 

Elections.     (See  elections.) 

Elementary  schools,  shall  establish,  4007 94 

Employes  of,   term,   4017,  4017a 103, 105 

Entertainment  in  school  houses,  3987-1  60 

Evening  schools,  4012,  4012o  101 

Exchange  of  real  property  by,  3971   53 

Exemption   from   taxes   and   execution,    3973 54 

Expulsion  of  pupils,  vote  necessary,  4014  102 

Female  suffrage,  3970-12 53 

Flag,  U.  S.,  on  school  houses,  3986-1  57 

Forms  relating  to  bonds  201-214 

Funds  in  hands  of  treasurer,  duty  of  board  as  to,  4043 128 

l-'iee  school  books,  4026 121 

German  language,  teaching  of,  4021     112 

High  schools,  board  may  establish,  4009,  4009-1,  4009-2,  4009-15  .97,98,99 

Infirmary,    school    at,    4010 100 

Intoxicating  liquors,  to  cause  instruction  as  to,  4020-23 — 4020-25  111,  112 

Kindergarten  may  be  established,  4020-18  106 

Library.     (See  Library.) 

Manual  training  department,  may  establish,  4020-18  106 

meetings  illegal,  when,  3985   57 

Non-residents,  admission  of  to  schools,  when,  4013,  4022 101-112 

Oath  of  members  and  officers,  3979  56 

Who  may  administer,  3979  . .' 56 

Orphans'  asylums,  schools  at,  4010  100 

Penalty  on  members  for  neglect  of  duty,  3969 49 

Process  against,  how  served,  3976   55 

Property,  title  to,  of  boards,  3972  . .' 54 

Exempt  from  taxation  and  execution,  3973 54 

Prosecuting  attorney,  legal  adviser  of,  3977  55 

Quorum   of,   3982    56 

Record  of  proceeding  of,  3984   57 

Record  of  schools,  kept  by  teachers  and  superintendents,  4059  .  133 

Relief  of  children,  board  authorized  to  afford,  4022-9  118 

Report  by,  made  to  county  auditor,  4057  133 

Superintendents'  and  teachers'  report  to  board,  4059 133 

Resolutions  requiring  yea  and  nay  vote,  3982  56 

Rules  and  regulations  of,  3985  57 

Sale  of  property  by,  restrictions,  3971  53 

At  private  sale,  when,  3971  53 

At  public  auction,  3971  53 

Schools,  control  and  management  of,  to  have,  4007,  4017  94, 103 


OHIO  SCHOOL   LAWS.  221 
Index. 

Board   of   Education — Concluded. 

Page. 

Continued,  must  be,  how  long,  4007  94 

Employes,    appointment,    dismissal    and    salaries    of,    4017, 

4017o    103, 105 

Sufficient  number  must  be  provided,  4007  94 

School  houses,  grounds,  etc.,  to  provide,  3987   60 

Contracts  for,  bidding  and  letting,  3988  61 

Use  of  for  purposes  other  than  educational,  3987-1  60 

Scientific  temperance  instruction,  duties  as  to,  4020-23-4020-25..  111,112 

Service  of  process  on,  3976  65 

State  commissioner  of  common  schools  to  confer  with,  357 10 

Superintendent,  appointment  of,  4017,  4017a   103,105 

Surety  of  treasurer,  additional  may  be  required,  4043 128 

Suspension   of   pupils,   4014    102 

Taxation  by.     (See  Tax.) 

Tax  levy  by  board  for  school  house,  3991-3994  62,  63 

Maximum  levy,  3959    45 

School  property  exempt  from,   3973    54 

Teachers,  employment  and  dismissal  of,  4017,  4017a   103, 105 1 

Certificate,  must  have,  4074   141 

Order  for  pay  of,  when  illegal,  4051  130 

Pension  fund,  may  provide,  38976-3897Z 22-26 

Teachers'  institutes,  aid  for,  in  cities,  4092  150 

Text  books,  adoption  of,  4020-12—4020-14   108 

Free  school  books,  4026 121 

Publishers'  failure  to  furnish,  action  by  board,  4020-13 108 

Purchase  and  sale  of  by  board,  4020-14  108 

Tie  vote,  decided  by  lot,  3970-10 52 

Title  to  what  property,  boards  have,  3972   54 

Transfer  of  territory,  by,  3894,  3895   16 

Treasurer  of.     (See  Treasurer  of  Board  of  Education.) 

Truant  officer,  must  employ,  4022-5  115 

Tuition,  agreement  between  boards  for  payment  of,  4022 112 

"One  and  one-half  mile"  law,  4022a 112 

"Patterson  Law,"  payment  under,  4029-3  121 

U.  S.  Flag,  display  of,  3986-1 57 

Vacancies  in,  how  filled,  3981 56 

Vaccination,  may  enforce  rules,  3986  57 

Free,  when,  3986 .' 57 

Yea  and  nay  vote,  when  required,  3982 56 

Board  of  Examiners.  (See  State  Examiners,  County  Examiners,  City  Examiners.) 
Board  of  Health. 

Vaccination,    3986 57 

Board  of  Visitors. 

Alumni  may  appoint,  3747   187 

College   of,    3742    186 

Compulsory  education,  duties  as  to,  4022-11 107 

Military  academies,   of,   3758,  3759    192 

Religious  bodies  may  appoint,  3742   186 

Schools  especially  endowed,  of,  4105-72   180 


222  OHIO   SCHOOL   LAWS. 


Index. 


Bonds. 

Cleveland  library  bonds,  4002-11,  4002-12 76^7 

Clerk  of  board  of  education  of,  4050 130 

Clerk  of  city  board  of  examiners,  4079 144 

Clerk  of  county  board  of  examiners,  4076 142 

Compulsory  education,  parents  must  give,  4022-7 116 

Depository  of  school   funds,  required  of,  3968 48 

Educational  institutions  may  issue,  3734 183 

Forms  of   201-214 

Ohio    State   University,    treasurer   of,    4105-14 163 

Sale  of,  3992   62 

Money  must  go  to  funds  for  which  bonds  were  issued,  3993 63 

Par,  must  be  sold  at,  3992 62 

School  house,  bonds  for,  3991-3994 62,  63 

Schools  specially  endowed,  trustees  of,  4105-70 180 

Sinking  fund  bonds,  3970-1-3970-4 50,  51 

State  commissioner  of  common  schools,  of,  355 9 

Security  for  cost,  petition  for  special  district,  3928 35 

Teachers'  institute  committee,  of,  4086 148 

Forfeiture  of,   4089 149 

Toledo  library  building  bonds,   4002-23,   4002-24 80,82 

Treasurer  of  board,  4043 128 

Wilberforce  University,   treasurer  of,   4105-62 177 

Books.     (See   Text    Books.     Libraries.) 

Blank  books,  furnished  by  county  auditor,  4055 131 

School  fund,  examination  of  books,  364,  366 11,13 

C 
Centralization. 

Board  of  education  may  centralize  schools,  3922 32 

Must  centralize,   when,   3927-2 33 

Petition    for.    3927-2 33 

Transportation   of   pupils,    3922,    3934 32,38 

Certificate. 

Branches  of  study   enumerated,   4074    141 

City   districts,   examinations   in,   4078 144 

Granting  certificates   in,   4081 145 

Revocation  of  certificates  in,  4081 145 

County  certificate,  majority  of  board  may  grant,  4071 139 

Examination   fee,   4071 139 

Grades  of,  different,  4073,  4074 140, 141 

Granting  of,  4073 140 

Requirements    necessary,    4073 140 

Revocation    of,    4073 140 

Special,  granting  of,  4074 141 

Valid,  where,  4073 140 

Scientific  temperance,  examination  in  required,  4020-24 Ill 

State  certificates,  issue  of,  4066 136 

Effect  of,  where  valid,  4067 137 

Examination  fee,  4068 137 


OHIO   SCHOOL  LAWS.  223 


Index. 


Certificate — Concluded. 

Page. 

Revocation  of,  4067 137 

Tax  levy,  certificate  to  county  auditor  of,  3960,  3963  46 

Teachers  must  have,  4074 141 

Filed  with  clerk,  copy  must  be,  4051 130 

Transfer  of  territory,  certificate  of  to  county  auditor,  3895 16 

Charter. 

Educational   institutions,   amendment   of,   etc.,   3762o 193 

Children's    Home. 

Children  at,  can  attend  schools,  when,  4013 101 

Schools  at,  4010 100 

Christmas. 

Dismissal  of  schools  on,  4015 102 

Cincinnati. 

Library,  board  of  trustees,  3999 67 

Access  to,  by  all  residents  of  Hamilton  county,  3999a 69 

Control  of,  by  trustees,  39996 69 

Fund  heretofore  raised,  disposition  of,  3999d 71 

Librarian  and  assistants,  employment,  39996 69 

Membership  of  board  of  trustees,  3999e 71 

Tax  for  library  purposes,  3999c 69 

University  of,  4095-4104 155, 159 

Cincinnati    University.     (See    University  of  Cincinnati.) 
City   Examiners. 

Appeal  from,  4085 146 

Appointment,  term,  vacancies,  4077 143 

Compensation  and  expenses  of,  4083 146 

Examinations,  how  conducted,  4078 144 

Expert,  assistance  of  in  difficult  branches,  4078 144 

Fees,   disposition  of,   4083 146 

Granting  of  certificates,  4081 145 

Revocation  of,  4081    145 

Meetings   of,    4080 144 

Membership,  number,  qualifications,  4077 143 

Organization  of  board,  4079 144 

Record,  how  kept,  4084 146 

Report  of  appointment,  to  state  school  commissioner,  4077 143 

Revocation  of  appointment,  4077 143 

Scientific  temperance,  examination,  4020-24 Ill 

City  Districts. 

Advancement  to,  3889 15 

Attached  territory,  assignment  of,  3898 26 

Voting   in,    3838 26 

Attendance  in,  compulsory,  4022-1 : 113 


224  OHIO   SCHOOL   LAWS. 


Index. 


Oity    Districts— Concluded. 

Page. 

Board  of  education,  election  of,  3897   19 

Membership,    3897 19 

Meetings,  38»7a 21 

Organization,    3897a 21 

Term  of  members,  3897 19 

Board  of  examiners,  4077,  4084 143,146 

City  solicitor,  legal  advisor,  3977  .' 55 

Classified,  3885 14 

Clerk  of  board  of  education,  3897a,  4050,  4056 21,130,132 

Deaf  children,  schools  for,  3901 27 

Defined,  3886 15 

Director   may  be   appointed,   4017 103 

Libraries,  cities  of  certain  size  may  establish,  4002-39-4002-45 87-89 

City   districts,   second   grade,   fourth  class,   library   in,   4002-46, 

4002-47    89,  90 

Managers  of,  in  certain  cities,  3999 67 

Redistricting  of,   3897,   3900 19,26 

Sub-districts,  division  into,  3897    19 

State  school  commissioner,  by,  when,  3897 19 

Superintendent,  election  of,  4017a 105 

Teachers,  election  of,  4017a  105 

Teachers'   institutes,   in,   4092 150 

Treasurer  of  school  boards,   4042-4049,   4056    128-130,132 

City  Solicitor. 

Legal  adviser  of  boards  of  education,  3977 55 

Shall  not  be  a  member  of  the  board,  3977 55 

Classification. 

Change   of,   by   advancement,   3889 15 

City    districts,    3886 15 

Special  districts,  3891 16 

Township  districts,  3890 16 

Village  districts,  3888 15 

Clerk  of  Board  of   Education. 

Abandonment  of  special  districts,  duties  of  special  and  township 

clerks  as  to,  3935 38 

Absence  of,  at  meetings,  who  acts,  3983 5(5 

Accounts  of,  how  kept,  4055  131 

Blanks  for  reports  under  compulsory  education  law,  must  furnish, 

4022-6   116 

Bond  of,  4050  130 

Certificate  of  estimate  for  tax  levy,  to  county  auditor,  3960 46 

Transfer  of  territory,  of,  when,  3894 16 

City  districts,  of,  3897a 21 

Compensation   of,   4056 132 

Compulsory  attendance,  may  excuse  from,  4022-1 113 

Election  of,  3897a,  3911,  3920,  3933 21,  29,  31,  38 


OHIO   SCHOOL   LAWS.  225 


Index. 


Clerk  of  Board  of   Education — Concluded. 

Page. 

Enumeration  return  to  county  auditor,  4035 126 

Liable  for  damages  for  failure  to  make,  4036 .*! .  126 

Penalty    for    failure,    4038 ". 127 

Forms  relating  to  201-214 

Moneys  received  by,  must  be,  4047 130 

Notice  of  election,  3970-11 52 

Oath   of,   3979 56 

May  administer  to  others,  3979 .• 56 

Order  on  treasurer,  must  sign,  4047 130 

For   teachers'   pay,    illegal,   when,   4051 130 

Petition  for  transfer  of  territory,  3895 16 

Publication  of  receipts  and  expenditures,  4053 131 

Record  of  proceedings,  kept  by,  3984 57 

Reports  required  of,  358,  4052,  4057,  4058 10,  131,  133 

Penalty  for  failure  to  make,  4061,  406'2 ,      134 

School  examiner,  of  appointment,  4077 143 

State  school  commissioner  may  require,  358 10 

Roll  call,  when  required,  3982 56 

Special  districts,  of,   3933 38 

Successor,  property  turned  over  to,  4054 131 

Township  commencement,  clerk  to  hold,  4029-1 121 

Township  districts,  of,  3920 31 

Village  districts,  of,  3911 28 

Clerk  of  Boards  of  Examiners. 

CITY  BOAKDS. 

Bond   of,  4079 144 

Compensation  of,  4083 146 

Election  of,  4079 144 

Fees,  disposition  of,  4084 146 

Record,  kept  by,  4084 146 

Reports    of,    4077,    4084 143,146 

COUNTY  BOARDS. 

Bond  of,  4076 142 

Compensation   of,    4070 138 

Election  of,  4070 138 

Fees,    disposition   of,   4072 140 

Record  to  be  kept,  4070 138 

Report  by  to  county  auditor,  4072 140 

To  state  school  commissioner,  4070,  4076 138,142 

Clerk   of   Township.     (See   Township    Clerk.) 

Cleveland. 
LIBRARY. 

Access,  who  entitled  to,  4002-10 76 

Bonds,  issued  by  board,  how,  4002-11,  4002-12 76,  77 

Building  and  grounds,  how  acquired,  4002-2,  4002-3 75 

Contract,   invalid,   when,  4002-9 76 

Donations  may  be  accepted,  4002-4 75 

Library  board,   election,   membership,   4000 73 

Oath  of  members  of,  4002-6 75 

16-S.    L,. 


226  OHIO    SCHOOL   LAWS. 


Index. 


Cleveland— Concluded. 

Page. 

Organization   of,    4002-7 76 

Powers  and  duties  of,  4001 74 

Report   of,    4002-8 76 

Property  exempt  from  taxation  and  execution,  4002-5 75 

School  funds  used  for  library,  4002-18 79 

Sinking  fund,  4002-13-4002-17 77-79 

Tax  for  library,  how  expended,  4002 74 

Title  to  property,  management  of,  4002-1 75 

Colleges  and  Universities. 

CINCINNATI  UNIVERSITY,     (See  University  of  Cincinnati.) 
INCORPORATED  INSTITUTIONS. 

Accounts  of,  how  kept,  report,  3769 198 

Alumni   may  elect  trustees,   3747 187 

Appoint  visitors,  3747 187 

Election,  conduct  of,  3748,  3749 187, 188 

Attorney  General,  duties  as  to,  3771 198 

Board  of  trustees,  election  of,   37516 189 

Membership,  increase  in  number,  3751a-3771a 189-199 

Ineligible,   who   are,   3770 198 

Quorum  of,  3745 186 

Term   of  office,    3760 '..  192 

Vacancies,  how   filled,   3733 183 

Bonds,   trustees   may   issue,   3734 183 

Charter,  amendment  of,  3762a,  37626 193, 194 

Directors  and  trustees  of  certain  associations,  3767 197 

Endowment    fund   of,    3750 188 

Diverted,  how,  3732 183 

Faculty   of,   its   powers,   3728 182 

Laws,  benefits  of,  how  acquired,  3746,  3751 187,188 

Location,  change  of,  3731,  3761 183, 193 

Mechanics   and   agriculture,    3729 182 

Mechanics'  institutes  may  borrow  money,  3768-1 197 

Directors'  liability,  3768-2 198 

Medical  college,  bodies  for  dissection,  3763,  3764 195,196 

Name,  change  of,  3762a,  37626 193-194 

May  be  religious  denomination,  37516 189 

Organization    of,    3726 182 

Patron,  who  may  be,  3741 188 

Property,   increase  of,  3734 183 

Sale  of,  3762 193 

May  hold  in  trust,  3727 182 

Purposes,  set  forth,  may  be,  when,  37516 189 

Change  of,  3762a,  37626 193, 194 

May  be  added  to,  3768 197 

Religious  control  of,  3736-3740,  3751c 184,  185,  190 

Religious  body  entitled  to  representation,  3744 186 

Representation  to  cease,   when,   3743 186 

Statement  of  property  to  be  filed,  3735 184 

Stock  changed  to  scholarship,  3730 182 

Stockholders'   liability,   3753,   3756    191, 192 

Visitors,    appointment   of,    3742 186 


OHIO   SCHOOL   LAWS.  227 


Index. 


Colleges   and    Universities — Concluded. 

Page. 

Ohio  University.     (See  Ohio  University.) 

Ohio  State  University.     (See  Ohio  State  University.) 

Reports    of,    363 11 

State  commissioner   of  common  schools,  employment  of,   by,   pro- 
hibited, 356 9 

Toledo  University.     (See  Toledo  University.) 

University  or  college  of  any  municipality,  4095-4105 155-160 

Wilberforce  University.     (See  Wilberforce  University.) 

Commencements. 

i 

County  commencements  under  "Patterson  Law,"  4029-1 121 

Township  commencements  under  "Patterson  Law,"  4029-1 121 

Expenses    of,    how    paid,   4029-2 122 

Commercial    Departments. 

Boards  of  education  may  maintain,  4020-18 110 

Commissioner.     (See   State   Commissioner   of   Common   Schools,   County   Com- 
missioners.) 

Common   Pleas  Court. 

Judge  of,  duty  as  to  report  of  examiner  of  funds,  366... 13 

Schools  specially  endowed,  appointment  of  trustees  for,  4105-67....  179 

i 
Common  School   Fund.   (See   Funds.) 

Compensation. 

Board  of  education,  members  of,  shall  not  receive,  3974 54 

City  boards  of  examiners,  of,  4083 146 

Clerk      of    board   of   education,    4056 132 

County   auditor,    of,    4064 135 

County  examiners,  of,  4075 142 

Clerk  of,  4070 138 

Under   "Patterson   Law,"   4029-2 122 

Enumerators,  of,  4031 125 

Examiner  of  school  funds,  365 12 

Library    boards     shall     not    receive,    3999,    4000,    4002-21,    4002-40 

67,  73,  80,  88 

Ohio  State  University,  officers  of,  4105-44 173 

Prosecuting  Attorney,  shall  not  receive,  3977 55 

Treasurer  of  board  of  education,  4056 132 

Complaint. 

Form 209 

Funds,  fraudulent  use  of,  in  regard  to,  364 11 

Compulsory  Attendance. 

Age  of  youth  affected,  4022-1,  4022-2 113, 114 

Attendance    necessary,    4022-1 '. 113 

Minors  between  14  and  16,  4022-3 114 

Blind  institution,  in  regard  to,  4022-10 118 

Board  of  county  visitors,  duties,  4022-11 119 


228 


OHIO   SCHOOL    LAWS. 


Index. 


Compulsory   Attendance — Concluded. 

Page. 

Branches  of  study  required,  4022-1 113 

Corporation,  violation  of  by,  penalty,  4022-11 119 

Costs  of  proceedings  paid  by  county,  4022-14 120 

Deaf  and  dumb  institution,  in  regard  to,  4022-10 118 

Employment  of  minors  under  16,  4022-2  114 

Between  14  and  16,  4022-3    114 

Penalty  for  violation,  4022-3  114 

Excuse,  how  obtained,  4022-1  113 

Forms  relating  to  210-214 

Free  school  books,  4026  121 

Jurisuiction  of  courts,  4022-11  119 

Juvenile  disorderly  persons,  defined,  4522-4  115 

Proceedings  against,  4022-8  117 

P  -alties  for  violations,  4022-11  119 

Repeated  violations,  4222-12 120 

Relief  to  enable  child  to  attend  school,  4022-9  118 

Reports  of  public  and  private  schools,  4022-6  116 

Seating  accommodations  necessary,  4022-13  120 

Tax  levy  authorized,  4022-13  128 

Truancy,  proceedings  in  cases  of,  4022-7  116 

Penalties,  4022-7  116 

Truant  officer,  appointment,  powers,  duties,  4022-5  115 

Constitution   of   Ohio. 

Encouragement  of  schools,  Art.  1,  Sec.  7  5 

Oath  to  support,  3979 56 

School  funds,  preservation  of,  Art.  6,  Sec.  1 5 

Provision  of,  by  taxation,  Art.  6,  Sec.  2  5 

School  laws,  excepted  from  general  rule,  Art.  2,  Sec.  26  5 

Construction. 

Laws  of,  decisions  and  opinions   7 

Contingent  Fund. 

Apportionment  of,  3967  47 

Board  of  education  to  provide,  3958   45 

County  commissioners  may  levy,  when,  3969   49 

Tax  levy  for,  certificate  to  county  auditor,  3960  46 


Contract. 

Board  of  education  by,  how  made,  3974  54 

Members  of,  shall  have  no  interest  in,  3974   54 

Cleveland  library  board,  when  invalid,  4002-9  76 

County  examiners  may,  for  rent,  etc.,  4075 142 

Depository  of  school  funds,  for,  3968 48 

Shool  houses,  how  let,  3988 61 

Conveyance. 

Board  of  education,  authorized  to  make,  3971  53 

How  made,  3974    54 

Pupils  may  be  conveyed,  when,  3922,  3934  32,  38 


OHIO   SCHOOL   LAWS.  229 


Index; 


Corporations.      (See   Articles  of   Incorporation.) 

Page. 

Boards  of  education  are,  3971    53 

Educational  institutions.     (See  Colleges  and  Universities. 

Ohio  State  University,  4105-10 162 

School  attendance,  violations  by  agents  of,  4022-11   119 

Schools  specially  endowed,  4105-67 179 


Costs. 


Special    districts,    formation,    3928    35 

Security   for,    3928    35 

Council. 

University  of  municipality,  powers  of  as  to,  4095-4105  155-160 

Vaccination  of  pupils,  duty  as  to,  3986 57 

County  Auditor. 

Apportionment  of  school  funds  to  all  districts,  3964,  3966   46,47 

Blank  books,  to  furnish  to  clerk  of  board  of  education,  4055 131 

School    examiners,    4075    142 

Treasurer  of  school  funds,  4055 131 

Blanks,  distribution  of  to  school  districts,  4058  133 

Bonds  of  clerk  and  treasurer,  copy  to  be  filed  with,  4043,  4050  128, 130 

Clerk  of  board  failing  to  report,  auditor  may  appoint  other  person, 

4062     134 

Compensation  of  auditor,  4064   135 

Contingent  fund,  levy  for  to  be  certified  to,  3960,  3963  46 

Distribution  of  funds  to  school  treasurers,  3965   47 

Enumeration,   returns   of   to,   4035    126 

Auditor  to  take,  when,  4036   1'26 

Return  to,  when  county  line  divides  original  surveyed  township, 

4037    127 

Return  by,  to  state  commissioner,  4039    127 

Fines,  collection  of,  for  school  purposes,  duty  as  to,  3970 '    50 

Joint  sub-districts,  map  of  to  be  filed  with,  3923  32 

Penalties  for  not  making  reports,  4061,  4063   134,135 

Reports  to,  required,  4052,   4057,  4072 131.  133,  140 

Reports  of,  required,  358,  4039,  4044,  4057,  4060 10,  127,  129,  133, 134 

School  houses,  duty  as  to  tax  levy  for,  3993  63 

Special  districts,  to  certify  valuation  of,  3928   35 

Tax  levy,  certified  to,  3960  46 

Teachers'  institute,  funds  for,  duties  as  to,  4087  1*9 

Territory  transferred,  duties  as  to,  3894,  3895 16 

Treasurer  of  school  districts,  settlement  with,  etc.,  3964,  3967,  4044, 

4045,  4048  46,  47,  129,  130 

Couofey    Board   of   Examiners. 

Appeal   from,    4085 146 

Appointment  of,  4069  137 

Branches  of  study  required  for  teachers'  certificates,  4074 141 

Certificates,  granting  of,  4073  140 

Grades    of,    4074    141 


230  OHIO   SCHOOL   LAWS. 


Index. 


County    Board    of    Examiners — Concluded. 

Page. 

Renewal    of,    4074    141 

Revocation  of,  4073  140 

Clerk,  duties  of,  4070  :  138 

Compensation  of,  4070    138 

Compensation  of  members,  4029-2,  4075  122-142 

Examination  fee,  4071    139 

Disposition   of,    4072    140 

Expenses  of  board,  how  paid,  4075   142 

Ineligible,  who  are,  4069   137 

Majority  of  members  necessary  to  take  action,  4071   139 

Meetings    of,    4071    139 

Membership,  limited,  how,  4069   137 

Notice  of  meeting,  what  necessary,  4071  139 

Organization  of,  4070   138 

Patterson  examinations,  4029-1   121 

Commencements,   county,   4029-1    121 

Compensation   of   examiners,    4029-2 121 

Qualifications    necessary,    4069    137 

Questions,   how   prepared,   4071a    139 

Record  to  be  kept,  4070  138 

Removals   from   board,   4069    137 

Reports  to  be  made,  4070,  4072  140 

Revocation   of   certificates,    4073    140 

Scientific  temperance,  examination  in,  4020-24 Ill 

Special  certificates,  granting  of,  4074  141 

Teacher,  qualifications  necessary,  4074    141 

Term   of  members,   4069    137 

Uniform  system  of  examinations,  4071a  139 

Vacancies,  how  filled,  4069   137 


County  Commissioners. 

Board  of  education,  commissioners  may  act  as,  when,  3969  49 

Children's  homes,  schools  at,  duties  as  to,  4010  , 100 

Contingent  fund,  when  to  levy,  3969   49 

County  auditor,  compensation  of,  4064  135 

County  Treasurer. 

Compensation  of,  3960  46 

School  funds,  duties  as  to  state  funds,  3956   44 

When  county  line  divides  district,  duties,  3963   46 

Tax,  collection  of,  3960  46 

Course    of   Study. 

Defined,   4007-4    95 

Elementary  schools,  branches  of  study,  4007-1  94 

Course  of  study  required  in,  4007  94 

German  taught,  when,  4021   112 


OHIO   SCHOOL   LAWS.  231 


Index. 


Course   of  Study — Concluded. 

Page. 

High  schools,  branches  of  study,  4007-2  :  95 

Requirements,  4007-4    95 

Physical  training  in  certain  schools,  4020-17   110 

Physiology  and  hygiene,  4020-23    . . . ; Ill 

Report  of,  required,  4007-6   97 

Scientific    temperance,    4020-23    Ill 

Text  books,  adoption  of,  4020-14    108 

D 
Dayton. 

LIBRARY. 

Library  board,  powers  of,  4002-32  84 

Election    of,    4002-33    84 

Non-partisan,  4002-33   84 

Museum,  may  establish,  4002-38  87 

Organization   of,   4002-37    86 

Powers  and  duties  of,  4002-34-4002-37 84-86 

Term  of,  4002-33    84 

Librarian  and  assistants,  employment  of,  4002-34  84 

Tax  levy,  for  library,  how  made,  4002-35,  4002-36 85 

Debt.      (See    Sinking    Fund.) 
Deeds. 

Boards  of  education,  deed  by,  3971,  3974 53,  54 

Ohio  university  land,  leasehold  estate,  converted  into  fee  simple, 

4105-2-4105-4  160, 161 

Unpatented  land,  deed  of,  made  by  trustees  of  Ohio  state  university, 

4105-48    173 

Degrees. 

Educational  institutions,  power  to  confer,  3726  182 

University  of  municipality,  may  confer,  4102  158 

Depository. 

• 

Boards  of  education  may  provide,  3968  48 

In  districts  having  two  or  more  banks,  3968  48 

In  districts  having  less  than  two  banks,  3968 .- 48 


Devise. 


Board  of  education  may  accept,  3975  54 

Common  school  fund  of  state,  to,  3955 43 

Endowed  schools,  to,  management  of,  4105-67    179 

Institutions  may  receive,  3727   1S2 

Ohio  state  university,  for,  4105-15  163 

Toledo  public  library,  for,  4002-31  84 


Director. 


Appointment  of,  in  city  districts,  4017   103 

Compensation  of,  4017  103 


232  OHIO    SCHOOL    LAWS. 


Index. 


Director — Concluded. 

Page. 

Powers  and  duties  of,  4017  103 

Removal  of,  4017  103 

Election  of  in  township  districts,  3921o 31 

Enumeration,  shall  take,  3921a  31 

Powers  and  duties  of,  3921a 31 

Term  of  office,  3921a  31 

Libraries  in  certain  cities  and  villages,  4002-40  88 

Universities    of    municipalities,    of,    4098-4104 156-159 

Dismissal. 

Schools,  on  holidays,  4015  102 

Teachers  to  attend  institute,  4091  150 

Teacher,  dismissal  of,  4017  103 

Improperly  dismissed,  may  bring  suit,  4019   106 

Districts.     (See  City,  Village,  Special  and  Township  Districts.) 
Donations.    (See   Bequests.) 

E 

Education.     (See    Board   of    Education,    Colleges,    Schools.) 
Elections. 

Bonds,  issue  of,  for  school  houses,  3991 62 

Centralization  of  township  schools,  for,  3927-2   33 

City  districts,  board  of  education,  election  of,  3897,  3970-10 19,  52 

Attached  territory,  voting  in,  3898 26 

Educational  institutions,  election  of  trustees  and  visitors  by  alumni, 

3747,  3749    187, 188 

Forms  relating  to    201-214 

High  school,  eleetion  on  question  of  bond  issue  for  joint  townships, 

4009-15    99 

Union  of  districts  in  township  for  high  school  purposes,  election 

on  bond  issue,   4009-15    99 

Lot,  election  decided  by,  when,  3970-10  52 

Notice  of,  3970-11  52 

Special  districts,  in,  3930,  3931,  3932,  3970-10 37,  52 

Abandonment  of,  election  for,  3935   

Tax  to  exceed  maximum  allowed  by  law,  vote  on,  3959  

Special  tax,  vote  on,  3991   

Teachers'  institute,  officers  of,  4086  

Tie  vote,  how  decided,  3970-10 

Township  districts,  board  of  education  of,  3915,  3970-10 30,  52 

Attached  territory,  voting  in,  3916   30 

Village  districts,  board  of  education  of,  3909,  3970-10 67,  52 

Attached  territory,  voting  in,  3910  28 

Newly  created  district,  election  in,  3909   28 

Women  can  vote,  when,  3970-12  53 

Registration    of,    3970-12    53 

Electors."- 

Attached  territory,  where  to  vote,  3898,  3910,  3916  26,28,30 

Women  are,  for  school  officers,  3970-12 53 


OHIO   SCHOOL  LAWS.  233 


Index. 


Employes. 

Page. 

Board  of  education,  of,  4017,  4017a  103, 105 

Minor,  proof  of  attendance  at  school  required  before  employment, 

4022-2 114 

Between  fourteen  and  sixteen,  must  be  able  to  read  and  write, 

4022-3  114 

Endowment    Fund. 

College,  how  application  of,   changed,   3732 183 

Corporation  for,  3750 188 

Schools   specially   endowed,   4105-67—4105-73    179, 180 

English  Language. 

English  grammar,  teachers'  certificate  must  contain,  4074   141 

Examination  of  teachers  in  literature,  4074 141 

Youth  who  cannot  read  and  write  must  attend  school,  4022-3 114 

Enumeration. 

Apportionment  of  state  school  funds  by  auditor  of  state,  based  on, 

3956   44 

By   county  auditor,   3964,   3966'    46, 47 

Clerk  of  board  of  education  to  make  returns  of,  4035  ' 126 

Compensation    for    taking,    4031    125 

Excessive,   action  of  state  school   commissioner,   4040 128 

Failure  to  take,  penalty,  4038 127 

By  clerk  of  board  to  make  returns,  action  taken,  4036  126 

Penalty  for  making  fraudulent  returns,  4041   128 

Return  by  county  auditor  to  state  school  commissioner,  4039  127 

When  county  line  divides  original  surveyed  township,  4037 127 

Township  districts,  who  takes,  3921a  31 

Youth  of  s'chool  age,  includes  whom,  4030  125 

How  taken,  4031  125 

Evening  School.     (See  Night  School.) 

Examiner.     (See    City,    County   and    State    Examiners.) 

School  funds,  of,  365 12 

Adverse  report,  disposition  of,  366 13 

Compensation  of,  365  12 

Execution. 

School  property  exempt  from,  3973   54 

Executive  Committee. 

Teachers'  institute,  of,  4086 148 

Bond  of,  4086,  4087  '.  148, 149 

Forfeiture  of  bond,  4089   149 

Report  of  clerk,  4088   149 

Expenditures    and    Receipts. 

Board  of  education,  clerk  to  make  annual  report  of,  4052   "  131 

Publication  of  report,  4053,  4059   131,133 

Expulsion. 

Pupil  from  school,  of,  4014   102 


234 


OHIO   SCHOOL   LAWS. 


Index. 


Fees.     (See    Compensation.) 

Female. 

Page. 
Suffrage  of,  in  school  elections,  3970-12 53 

Fines. 

County  auditor's  duties  as  to,  3970 50 

Fine   Arts. 

Corporations   for   promoting,   3726-3771a 182-199 

Flag. 

United  States  flag,  display  of,  3986-1 57 

Forms. 

Prepared  by  state  commissioner  of  common  schools,  to  be,  359,  360, 

4058,  4060  10,  133,  134 

I.    Notice  of  election   201 

II.    Notice  of  election  in  sub-districts 201 

III.  Poll  book    201 

IV.  Tally  sheet   202 

V.    Minutes  of  sub-district  school  meeting 203 

VI.    Appointment  of  school  director,  to  fill  vacancy  203 

VII.    Oath  of  school  director 203 

VIII.    Different  modes  of  altering  sub-districts 203 

IX.    Resolutions  on  bond  issue 204 

X.    Notice  of  election  for  bond  issue 204 

XI.    Petition  for  special  school  district 205 

XII.  Notice  of  special  meetings 205 

XIII.  Teacher's  contract   205 

XIV.  Order  on  the  treasurer   206 

XV.  Order  on  treasurer  when  school  funds  are  in  a  depository. .  206 

XVI.  Certificate  of  annual  school  levy 207 

XVII.    Certificate  of  school  funds  in  treasury 207 

XVIII.    Transfer  of  territory   207 

XIX.    Lease   to  school   district 208 

XX.    Oath  of  clerk  of  board  of  education 208 

XXI.    Clerk's  bond 209 

XXII.    Final   receipt  of  clerk 209 

XXIII.  Oath  of  treasurer  of  board  of  education 209 

XXIV.  Treasurer's   bond    209 

XXV.    Final  receipt  of  treasurer 209 

XXVI.    Complaint  in  regard  to  school  funds 209-210 

XXVII.    Notice  to  parent  or  guardian 210 

XXVIII.    Notice  to  truant 210 

XXIX.  Notice  to  employers  of  youth 211 

XXX.  Age  and  schooling  certificate 211-212 

XXXI.    Report  of  truant  officer 213 

XXXII.    Teacher's  report  214 

Fourth   of  July. 

Schools  may  be  dismissed  on,  4015 102 


OHIO    SCHOOL   LAWS.  235 


Index. 


Funds.     (See    Sinking    Fund.) 

Paee. 

Accounts  of,  how  kept,  3954 43 

Auditor  of  state,  duty  of,  3954,  3955  43 

Apportionment  of  state  funds  by  auditor  of  state,  3956,  3957  44 

&y  county  auditor,  3964,  3966,  3967  47 

Bequests  to  common  school  fund,  how  applied,  3955  43 

Cleveland  school  fund,  use  for  library,  4002-18 79 

Contingent  levy  by  boards  of  education,  3958,  3960 45,  46 

County  commissioners  to  levy,  when,  3969 49 

Penalty,  for  failure  to  levy,  3969 49 

Debt  of  state,  irreducible,  common  school  fund  shall  constitute,  3954  43 

Depository  for,  3968  48 

Distribution  of  by  county  auditor,  3965 47 

Euucational  institutions,  of,  3732,  3750  183, 188 

Fines  to  be  collected  by  county  auditor  and  paid  into  funds,  3970 50 

Income  from  school  lands,  application  of  proceeds  of,  Art.  6,  Sec.  1..  5 

Investigation  of,  364   11 

Miami  university  fund,  tax  for,  3951o 42 

Distribution  of  state  funds  to,  3951&   42 

Ohio  University  fund,  tax  for,  3951a 42 

Distribution  of  state  funds  to,  3951&  42 

Ohio  State  University  fund,  tax  for,  3951  41 

Pension   fund    for   teachers,   3897&-3897Z 22-26 

Public  lands,  proceeds  of  sale  of,  3953,  3954  43 

Salt  and  swamp  lands,  proceeds  of  sale  of,  3952,  3952-1  42 

School  fund,  preservation  of,  Art.  6,  Sec.  1  5 

Settlement  between  district  treasurer  and  auditor,  4044  129 

Special  districts,  division  of  fund  when  created,  3929  36 

State  common  school  fund,  tax  for,  3951  41 

State  commissioner  of  common  schools,  duty  as  to,  358,  366 10, 12 

Taxation,  constitutional  provisions  for,  Art.  6,  Sec.  2   5 

Tax  levy,  maximum  for  schools,  3959  45 

Transfer  of  territory,  division  of  funds,  3896  17 

Treasurer  of  county,  duties  as  to,  3956,  3957,  3960,  3963,  3965,  3966.44,46,47 
Treasurer  of  district,  receipts  and  disbursements  by,  3960,  4047 46,130 

Amount  he  may  have  on  hand,  4084 130 

G 

General    Assembly. 

Laws  to  encourage  schools,  duty  of,  to  pass,  Art.  1,  Sec.  7 5 

Ohio  State  University,  report  to,  4105-53   175 

State  commissioner  of  common  schools  to  report  to,  361  10 

School  funds,  to  provide  for  by  taxation,  Art.  6,  Sec.  2 

School  laws  can  take  effect  upon  authority  other  than,  Art.  2,  Sec.  26. 

Special  districts  created  by  act  of,  3928  35 

Tax  for  schools,  shall  levy,  3951  41 

Wilberforce  University,  members  may  name  pupils  for  admission  to, 

4105-64    178 

German   Language. 

Teaching  of  authorized,  4021 112 


236  OHIO    SCHOOL   LAWS. 


Index. 


Governor. 

Page. 

College,  fills  vacancy  among  trustees,  3733  183 

Military  academy,  is  visitor  of,  3758 192 

Ohio  State  University,  appointment  of  trustees,  4105-37  171 

Deed  for  lands  of,  to  execute  and  deliver,  when,  4105-2  160 

School  book  commission,  is  a  member  of,  4020-11  107 

State  commissioner  of  common  schools,  to  fill  vacancy  in  office  of, 

354    9 

Report  of,  to  be  made  to,  when,  361 10 

Wilberforce  University,  appointment  of  trustees,  4105-55 175 

Guardian. 

Children  under  care  of,  entitled  to  attend  schools  free,  4013 101 

Duties  of,  under  compulsory  education  law,  4022-1-4022-14 113-120 

H 
High    Schools. 

Board  of  education  may  establish,  4009   97 

Branches  of  study  required,  4007-2   95 

Certificate  of  work  done  by  pupil,  4007-5  96 

Value  of,  4007-5   96 

Classification  of,  4007-4,  4007-6  95,  97 

Defined,   4007-2       95 

Diploma,  what  it  shall  contain,  4007-5  96 

Examinations  in  special  and  sub-districts,  for,  4029-1 123 

Commencements,   4029-1    121 

Compensation  of  examiners,  4029-2  122 

Tuition,   4029-3    .' 123 

Report  of  by  clerk  of  board,  4007-6 97 

Penalty  for  failure  to  make,  4007-6  97 

TOWNSHIP  DISTRICTS  IN. 

Admission  of  pupils  to,  4009-1  98 

Board  of  education  may  establish,  4009    97 

Management  and  control  of,  4009-1   98 

Tax  levy  for,  4009-2   98 

Time,  length  of,  to  be  continued,  4009-1    98 

Township  and  joint  township  high  schools,  established  by  peti- 
tion,   4009-15    99 

Buildings,  purchase  or  renting  of,  4009-15 99 

Election  on  question  of  tax  levy  for,  4009-15  99 

Election  for  tax  levy  not  necessary,  when,  4009-15  99 

Tax  for,  4009-15  99 

Teachers,  employment  of,  4009-15 99 

Union  of  several  districts  within  township  for  high  school  pur- 
poses,   4009-15    99 

Holidays. 

Dismissal  of  schools  on,  without  forfeiture  of  teachers'  pay,  4015...  102 

Holidays  named,  4015   102 

Howe's   Historical   Collections  of   Ohio. 

Boards  of  education  authorized  to  purchase,  4020-16  110 

Care  of,   how  taken,  4020-15    110 


OHIO    SCHOOL   LAWS.  237 


Index. 


Infirmary. 

Page. 

Corpse,  surrender  of,  to  medical  college,  3763  195 

Schools  at,  4010 100 

Institutes.     (See  Teachers'  Institutes.) 
Interest. 

Irreducible  school  funds,  interest  on,  3952,  3954  42,  43 

Investigation. 

School  funds,  of,  by  accountant,  364  . . : 11 

Teacher,  of,  by  board  of  examiners,  4073,  4081  140, 145 

Irreducible  School  Fund. 

Accounts  of,  how  kept,  3954 43 

Original  surveyed   township,   in   two   counties,   how   proceeds   paid 

to,  3957 44 

Public  lands,  sale  of,  proceeds  of,  how  applied,  3953,  3954 43 

Salt  and  swamp  lands,  proceeds  of  sale  of,  3952,  3952-1 42 

J 
Janitor. 

Board  of  education,  power  to  employ,  4017 103 

Board  of  examiners  may  employ,  4075   142 

Dismissal  of  by  board  of  education,  4017  103 

Teachers  not  required  to  do  janitor  work,  4018  106 

Term  of  employment,  4017   103 

Joint  Sub-Districts. 

Abolished,  3923  32 

Territory  annexed  to  township,  3923   32 

Judge.     (See  Common   Pleas  Court,   Probate  Court.) 

Juvenile    Disorderly    Person. 

Definition  of,  4022-4 115 

Proceedings  against,  4022-8  117 

K 
Kindergarten   Schools. 

Boards  of  education  may  establish,  4020-18  110 

L 

Language.  (See  English  Language,  German  Language.) 

Laws. 

Encouragement  of  schools,  for,  passage  of,  Art.  1,  Sec.  7 5 

Interpretation  of,  decisions,  preparations  and  distribution  of,  360..  10 

Schools,  for,  can  take  effect  upon  approval  of  authority  other  than 

the  general  assembly,  Art.  2,  Sec.  26  5 

Law   College. 

Organization  of,  3767,  3768   197 


238  OHIO   SCHOOL   LAWS, 


Index. 


Law   Library. 

Page. 

Organization  of,  3767,  3768   197 

Law  School. 

Ohio  State  University,  of,  4105-29  169 

Lease. 

Form  of 

Site  for  school  house  or  right  of  way,  lease  of,  3987 60 

Legal    Adviser. 

Boards  of  education,  who  is,  of,  3977  55 

Ohio  State  University,  who  is,  of,  4105-1?  163 

Legislature.     (See   General    Assembly.) 
Library. 

Access  to,  3998-1,  3998-10,  4002-42   '. 64,66,88 

Appropriation  of  money  for,  amount  limited,  3998-6 65 

Board  of  directors  in  certain  cities,  4002-40 88 

Duties  of,  4002-41  88 

Organization   of,   4002-41    88 

Powers  of,  400241  88 

Report  of,  4002-43 89 

Board  of  education  may  establish,  3998-1,  3998-6  64,  65 

Appropriation    for,    3998-6 65 

Control  of  in  certain  cases,  3998-3  65 

Funds  for,  how  provided,  payments  from,  3998-4 65 

Tax  for,  3998-1,  3998-4 64,  65 

Trustees  of,  3998-2 64 

Cincinnati  library.     (See  Cincinnati.) 

City  districts  of  certain  size  may  establish  or  acquire,  3998-9,  4002-39 

66, 87 

Board  of  managers,  3998-9-3998-11 66,  67 

Fourth  class,  second  grade,   in,  4002-46 89 

Funds,  expenditure  of,  3998-12 67 

Report  of,   to   board   of   education,   4002-48 90 

Tax  for,  3998-12,  4002-46-4002-49 67,  89,  90 

Cleveland  library.    (See  Cleveland.) 

Control  of,  vested  in  board  of  education,  when,  3998-6 65 

Dayton  library.     (See  Dayton.) 

Donations,  board  may  accept,  4002-44 89 

Established  how,  3998-1,  3999,  4002-39 64,  67,  87 

Librarian,  appointment,   compensation   of,   3998-11,   4002-41 67,80 

Managers  for  certain  libraries,  3998-10,  3998-11 66,  67 

Museum,  in  connection  with,  3998-7 _.«»_>.._ 66 

Portsmouth  library.     (See  Portsmouth.) 

Pre-existing  library,  how  affected,  4002-45 89 

Rules  and  regulations  for,  4002-41 88 

Tax  levy  for,  3998-4,  3998-12,  4002-45,  4002-46 65,  67,  89 

How  expended,  39984,  3998-12 65,67 

Toledo  library.     (See  Toledo.) 

Village  districts  may  establish,  4002-39 87 


OHIO   SCHOOL   LAWS.  239 


Index. 


Location. 

Page. 

Ohio  State  University,  4105-18 163 

School  house,  convenience   of,   4007 94 

Lot. 

Election   decided   by,   when,   3970-10 - 52 

M 
Manual   Training. 

Boards  of  education  may  provide,  4020-18 110 

Map. 

Attached  territory,  to  be  made  of,  3898,  3910,  3916 26',  28,  3d 

Special   districts,   map   of,    3928 35 

Territory  transferred  from  one  district  to  another,  map   of,   3894 

3895  16 

Township  district,  map  of,  3921 31 

Mechanics'  Institute. 

Authority  to  borrow  money,  issue  bonds,  etc.,  3768-1 197 

Directors  and  trustees  not  personally  liable  for  debts,  3768-1 197 

Objects  of  institute,  enlarged,  how,   3768 197 

Organic  rules  which  may  be  prescribed  in  articles  of  incorporation, 

3767  197 

Medical    College.    (See    Colleges.) 

Bodies  for  dissection,  may  receive,  3763 195 

Meetings. 

Board  of  education,   city   districts,   3897a 21 

Special  districts,  3933 38 

Township  districts,  3920 31 

Village  districts,  3911 29 

City  board  of  examiners,  4080 144 

County    board  of  examiners,  4071 139 

Illegal,    when,    3984 57 

Ohio  State  University,  trustees  of,  4105-41 172 

Special  meetings,  how  called,  3978 55 

Text  books,  adoption  of  must  be  at  regular  meetings,  4020-14 108 

Wilberf orce  University,  trustees  of,  4105-59 176 

Memorial  Day. 

Schools  may  be  dismissed  without  forfeiture  of  teachers'  pay,  4015. .  102 
Miami    University. 

Admission  of  pupils  to,  3951a 42 

Distribution  of  funds  for,  3951& 42 

Tax  levy,  for,  3951a 42 

Military   Academy.     (See   Academy.) 


240  OHIO   SCHOOL   LAWS. 


Index. 


Minor. 

Page. 

Attendance  at  school  of,  when  unable  to  read  and  write,  4022-3 114 

Commitment*  to  reformatory  of,  proceedings,  4022-8,  4022-9,  4022-11 

117,   118,  119 

"  Employment  of,  between  certain  ages,  when  schools  are  in  session, 

unlawful,  4022-2 114 

Money.     (See    Funds.) 

Month. 

School  month,  length  of,  4016 103 

Museum. 

Association,  rules  for  organization  of,  3767,  3768 197 

Board  of  education  may  establish,  3998-7 66 

Dayton  library  board,  may  establish,  4002-38 87 

Music. 

Special  certificates  in,  may  be  granted,  4074 141 

N 

Narcotics.     (See    Scientific    Temperance.) 

Natural    History   Society. 

Regulations  as  to,  3767,  37&8 197 

New   Year's    Day. 

Schools  may  be  dismissed  without  forfeiture  of  teachers'  pay,  4015 . .          102 

Night  Schools. 

Provisions  for,  4012,  4012a 101 

Nominations.  * 

Members  of  boards  of  education,  by  petition,  3897a 21 

Non-Resident. 

Attendance  at  school,  when  permitted,  conditions,  4013 101 

By  agreement  of  boards,  4022 112 

When  one  and  one-half  miles  from  school  house,  4022a 112 

Patterson  graduates,  privileges  of,  4029-1,  4029-3 121, 123 

Normal    Schools. 

Physical  training  must  be  provided  in,  4020-17 110 

Scientific  temperance,  instruction  in,  at,  4020-24 Ill 

Penalty  for  failure  to  instruct,  4020-25 112 

State   normal   schools    established,    4094-1-4094-6 152,153 

Wilberforce  University  normal  department  at,  4105-54-4105-66 175-178 


OHIO   SCHOOL   LAWS.  241 


Index. 


Notice. 

Page. 

Attendance  at  nearest  school,  notice  to  board  not  necessary,  4022a..  112 

Board  of  education,  meetings  of,  3978 55 

Educational  institutions,  notice  of  meetings  of  stockholders,  3734..  183 

Purpose,  name,  notice  of  intended  change,  3762o 193 

Election,  notice  of  bond  issue,  3991 62 

Board  of  education,  members  of,  3970-11 52 

Special  districts,  election  in  newly  organized,  3932 ..,..  37 

Abandonment  of,  3935 38 

Tax  levy,  election  for,  3991 62 

Township  districts,  election  of  director,  3921a 31 

Teachers'  notice  of  examination,  4071,  4080 139,144 

Text  books,  publishers  of,  notice  to,  4020-11 107 

Boards  of  education,  given  to,  4020-12 108 

Truancy,  notice  to  parent,  4022-7 116 

o 

Oath. 

Board  of  education,  members  and  clerk,  of,  3979 56 

Clerk   of   board    of   education,    3979,    4035 56, 126 

Cleveland  library,  board,  of  members,  4002-6 75 

County  auditor  may  administer,  when,  4036 126 

Election  officers  in  townships,  3921o 31 

Enumerator,  of,  4031 125 

Forms  relating  to 201-214 

School  officers,    of,   3979 56' 

Schools  specially  endowed,  trustees  of,  4105-70 180 

Special  examiner  of  teachers,  4078 144 

State  commissioner  of  common  schools,  of,  355 9 

Office.     (See  various  officers,  by   name.) 

State 'commissioner  of  common  schools  can  not  hold,  other,  356 9 

Officer.     (See  various  officers,  by  name.) 

Charges  against,  investigation  of,  364-366 

Oath   of   school   officers,   3979 56 

Ohio   State   University. 

Analysis  of  minerals,  by  professor  of,  4105-27 168 

Appropriations  for  apparatus,  equipment,  etc.,  4105-28 169 

Attorney  general  legal  i..dviser  of  board  of  trustees,  of,  *105-17 163 

BOARD  OF  TRUSTEES. 

Faculty,  compensation  of,  to  fix,  4105-44 173 

Further  duties  of  board,  4105-11,  4105-40 162, 171 

Grants  and  devises  of  land  may  be  received  by,  4105-15 163 

Management  and  control  of,  to  be  vested  in,  4105-13 163 

Powers  and  duties  of,  4105-39 171 

Provide  for  lecturers,  board  may,  4105-12 162 

Branches  taught  at,  4105-45 173 

Ceramics,  department  of,  4105-30-4105-34 169, 170 

Law  department  of,  4106-29 169 

Certain  acts   repealed,  4105-25 168 

10— s.  L. 


242  OHIO   SCHOOL   LAWS. 


Index. 


Ohio   State    University — Concluded. 

Page. 

Clay  working  and  ceramics,  course  in,  .4105-30 169 

Established,  name  of,  4105-9 162 

Fund  of,  3951 41 

Irreducible  debt  of  state,  part  of,  410543 172 

Interest   on    fund   of   agricultural    college,    invested,   how,    4105-46, 

4105-47    173 

Laboratory  apparatus,  models,  and  machinery,  to  be  provided,  4105-26  168 
LANDS. 

Accepted  by  state  from  United   States,  4105-19 164 

Board  may  sue  for  lumber  cut  off  such  lands,  4105-20 164 

Compensation  and  proceedings  of  appraisers,  4105-22 166 

Deeds,   how    made   and    executed,   4105-23 166 

Occupant  may  purchase  additional  land,  4105-21 165 

Occupant  claiming  exemption  to  comply  with  law  of  congress, 

4105-21   165 

Payments,  how  made  and   secured,   4105(-23 166 

Record  of  contract  to  be  made  and  kept,  4105-23 166 

Sale  of,   public  or   private,   4105-23 166 

Proceeds   of   sale,   disposition    of,    4105-24 167 

Survey   to   be  made   by  trustees,   4105-21 165 

Title  to,  vested  in  trustees,  4105-21 165 

Tracts  to  be  numbered  and  appraised,  4105-22 166 

Trustees  to   sell  other   lands,   4105-21 165 

Unsold  land  to  be  divided  into  tracts,  4105-22 166 

Law  school,   provisions   for,  4105-29 169 

Location  of  college,  etc.,  4105-18 163 

Meetings    of   board,   410541 172 

Mines,  school  of,  4105-26-4105-28 168,169 

Named  "The  Ohio  State  University"  4105-36. . . . : 171 

Objects  of  college,   4105-9 162 

Officers  of  board,  their  duties,  etc.,  4105-14 -. .  163 

Professors  employed  to  teach,  4105-27 16S 

Pupils,  who  may  be  admitted  as,  4105-12 162 

Report   of   trustees,   4105-42 172 

Residence  for  faculty  may  be  erected  by  trustees,  4105-24 167 

Style  and  powers  of  board  of  trustees,  4105-10 162 

Tax  levy  for,  3951 41 

Terms  of  office  of  trustees,  compensation  and  vacancies,  4105-38 ....  171 

Title  of  lands  to  vest  in  the  state,  4105-16 163 

Trustees  authorized  to  make  certain  deeds,  410548 173 

Virginia  military  lands,  relief  of  buyers,  4105-50 174 

Written  analysis  of  fertilizers  to  be  furnished,  how,  4105-35 171 

Ohio    University. 

Admission   of   pupils,   39510 42 

Distribution  of  fund,  3951b 42 

Sale  of  certain  lands,  4105-1 160 

Deed    for,    4105-2-4105-4 160, 161 

Proceeds  of,   4105-5 161 

Tax  on  lands  donated  to,  4105-6'-4105-8 161,  162 

Tax  for,  3951a 42 


OHIO   SCHOOL   LAWS.  243 


Index. 


Order. 

Page. 

Teachers'  pay,  for,  illegal,  when,  4051 130 

Treasurer,  order   on,   how   drawn,   4047 130 

Must  produce  order  for  all  disbursements,  4044 129 

Orphan    Asylum. 

Schools  at,  provisions  for,  4010 100 

Original  Surveyed   Township. 

Apportionment  of  funds,  when  county  line  divides,  3966 47 

Funds  how  paid  in  such  cases,  3957 44 

Enumeration,  when  divided  by  county  line,  4037 127 

P 
Parent. 

Duty  of,  to  send  minor  children  to  school,  etc.,  4022-1 113 

Violation  of  act  relating  to,  4022-3 114 

Patterson    Law. 

Compensation   of   examiners,   4029-2 122 

County  commencements,  4029-1 121 

Examinations,    branches   of   study,   4029-1 121 

High  school   attended,   character   of,   4029-4 124 

Township  commencements,   4029-1 121 

Tuition,  payment  of,  4029-3 123 

Penalty. 

Board  of  education,  for  failure  to  levy  contingent  fund,  3969 49 

Clerk  of  board  of  education,  for  failure  to  make  report,  4061 134 

Corporation,  unlawful  employment  of  minors,  4022-2,  4022-3,  4022-11, 

4022-12  114,  119,  120 

Corpse,  detention  of,  3763 195 

County  auditor,  failure  to  make  statistical  report,  4060,  4061 134 

For  failure  to  make  enumeration  return,  4063 135 

Enumeration  return,  fraudulent,  4041 128 

Parent  or  guardian,  liable,  when,  4022-7,  4022-11,  4022-12  .. 116,  119,  120 

School  officers,  non-enforcement  of  compulsory  education  law,  4022- 

11  '. . .  119 

Teachers'  institute,  executive  committee,  failure  of,  to  report,  4088..  149 

Pension   Fund  for  Teachers. 

Appropriation  for  by  board  of  education,  3897Z 26 

Board  of  education  may  create,  38976 22 

Created  and  invested,  how,  3897c 22 

Death  of  teacher,  who  shall  receive,  38977i 26 

Deductions  from  teachers'  salaries,  3897/ 24 

Penalties,  fines,  etc.,  to  be  paid  into  fund,  3897 A; 26 

Pension,    amount   of,    3897d 23 

Persons  entitled  to,  3897d 23 

Principal  and  income  can  be  used,  3897e 24 


244  OHIO   SCHOOL   LAWS. 


Index. 


Pension   Fund  for  Teachers — Concluded. 

Page. 

Resignation  or  removal  of  teacher,  rebate,  3S977i 25 

Retirement  of  teacher,  3897d 23 

Rules    and    regulations,    3S97i 25 

"Teacher"   denned,  3897d 23 

Treasurer  of  funds,  38970 25 

Trustees,  number,  election,  term,  3897  & 22 

When  insufficient  to  pay  teachers,   3897ti 23 

Personal    Property.     (See    Property.) 

Petition. 

Centralization  of  township  schools,  for,  3927-2 33 

Evening    schools,    for,    4012 101 

Forms   relating  to 205 

Nominations   by,   3897cr 21 

Special  district,  creation  of,  3928 35 

Transfer  of  territory,  for,   3895 16 

Physical    Training. 

Instruction  in,  required,  where,  4020-17 110 

Plat. 

Property  to  be  appropriated  for  school  purposes,  plat  of,  3990 62 

School  district,  plat  of,  3894,  3895,  3898,  3910,  3916,  3921 16,26,28,30,31 

Portsmouth. 

Libraries,  consolidation  of,  4003 IX) 

Library  committee,  election  of,  4004 91 

Powers  and  duties  of,  4005,  4006 91 

Vacancies  in,  how  filled,  4004 91 

President. 

Board  of  education,  of,  election,  3897a,  3911,  3920,  3933 21,  29,  31,  38 

Absence  of  at  meeting,  who  acts,  3983 56 

Order  on  treasurer,  must  sign,  4047 130 

Record  of  proceedings,  must  sign,  3984 57 

City  board  of  examiners,  of,  election,  4079 144 

Clerk  of  board  of  education,  bond  of,  to  be  filed  with,  4050 130 

County  board  of  examiners,  election  of,  4070 138 

Educational   institutions,  of,  3728 182 

Libraries  in  certain  cities,  member  of  board,  is,  3999 67 

Process  on  board  of  education,  served  on,  3976 55 

Teachers'   institute,  of,  election,   4086 148 

Private    Schools.     (See    Colleges    and    Universities.) 

Report  of,  required,  363 11 

Specially  endowed,  trustees  for,  4105-67 179 

Accounts   of   trustees,   4105-71 180 

Bond  of  trustees,  4105-70 180 

Duties  of  trustees,   4105-69 179 

Oath    of    trustees,    4105-70 180 

Vacancies,   how   filled,   4105-68 179 

Visitors  of,  4105-72 180 


OHIO   SCHOOL   LAWS.  245 


Index. 


Probate  Judge. 

Page. 

Appropriation  of  property  for  school  purposes,  jurisdiction,  3990  . .  62 
Compulsory  education  law,  jurisdiction  of,  4022-7,4022-8-4022-11.116,117,119 

County  examiners,  appointment  of,  4069   137 

Report  of  appointment,  4069   137 

Revocation    of   appointment,    4069    137 

Deaf  children,  report  of,  to  be  returned  to,  4022-10  118 

Special  districts,  petition  for  creation  of,  when  filed  with,  3928 35 

Change  of  boundary,  of,  3929  36 

Costs,  security  for,  3928   35 

Fees,  same  as  in  civil  cases,  3929  36 

Funds,  division  of,  by,  3929 36 

Hearing  on  petition,  3929   36 

Jurisdiction  of,  3929    36' 

Notice  of  hearing,  3929 36 

Petition,  when  district  in  two  or  more  counties,  3928 35 

Remonstrance  against  formation  of,  3928  35 

Tax  valuation  of  district,  minimum,  3928 35 

Transfer  of  territory,  petition  for,  3895 16 

Costs,  security  for,  3895    16 

County  auditor,  certificate  filed  with,  3895   16 

Funds,  division  of,  3896  17 

Hearing  on  petition,  3895  16 

Jurisdiction    of,    3895    16 

Notice  of  hearing,  3895   16 

Petition,  when  district  in  two  or  more  counties,  3895 16 

Process. 

Service  of,  on  boards  of  education,  3976 55 

Professors. 

Educational  institutions,  appointment  of,  for,  3726  182 

Faculty,  professors  are  members  of,  3728  182 

Powers  of,  3728  182 

Military  academies,  professors  are  members  of  board,  3757  192 

Ohio  State  University,  employment  and  dismissal  of,  at,  4105-11....  162 

Ceramics,  department  of,  instructor  in,  4105-33 170 

Chemistry,  analysis  of  fertilizers  to  be  furnished  by  professor,  in, 

4105-35     171 

Compensation  of,  how  fixed,  4105-44   173 

Mines  and  mine  engineering,  instructor  in  department  of,  4105-26 

4105-27    168 

Residences  may  be  erected  for  faculty,  4105-24  167 

Universities  of  municipalities,  4099  157 

Property. 

School  property,  how  sold  or  exchanged,  3971  53 

Exempt  from  taxation  or  execution,  3973  54 

Title  to,  in  whom  vested,  3972  54 


246  OHIO   SCHOOL   LAWS. 


Index. 


Prosecuting   Attorney. 

Page. 

Board  of  education  legal  adviser  of,  3977 55 

Compensation  of,  3977  55 

Shall  not  be  a  member  of  board,  3977  55 

Funds,  fraudulent  use  of,  duty  as  to  report  of  examiner  of,  366' 13 

Teachers'  institutes,  duties  as  to,  4089   149 

Public   Library.     (See    Library.) 
Publication. 

Board  of  education,  sale  of  property  by,  3971 

Building  and  repairing,  bids  for,  3988   61 

Receipts  and  expenditures,  by  clerk  of,  4053  131 

City  board  of  examiners,  meetings  of,  4080 144 

County  board  of  examiners,  meetings  of,  4071 139 

Election  notice,  3970-11  52 

Publishers. 

Text  book  law,  requirements  of,  4020-10-4020-14 107-110 

Pupils.     (See    Attendance.) 

Assignment  of  by  board  of  education,  4013  101 

Expulsion  of,  4014    . 102 

Suspension   of,    4014    102 

Tuition  of,  may  be  paid  by  agreement  between  boards,  4022 112 

Q 

Qualifications. 

Examiners,    of,    4069,    4077 137, 143 

Teachers  in  common  schools,  4074   141 

In  city  and  village  districts,  4078,  4084  144, 146 

Quorum.  , 

Board  of  education,  of,  what  constitutes,  3982  56 

Business  that  a  majority  of  a  quorum  cannot  transact,  3982 56 

Educational  institutions,  what  constitutes,  3745  186 

R 

Real    Property.      (See    Property.) 
Receipts  and   Expenditures. 

Board   of  education,   clerk   of  to   prepare   and   forward   to   county 

auditor,  4052,  4057    131,133 

Publication   of,   4053    131 

Record. 

Board  of  education,  how  kept,  3984  57 

Approval    of,   3984    57 

Public  record,  is,  3984  57 

Bonds,  record  of  issue,  3992   62 

Educational  institutions,  of,  3762o   193 


OHIO  SCHOOL   LAWS.  247 


Index. 


Relief. 

Page. 

Beard  of  education  may  afford  to  needy  children,  4022-9 118 

Religion. 

School  funds,  religious  sect  shall  have  no  control  of,  Art.  6,  Sec.  2 . .  5 
Reports. 

Board  of  education,  financial  and  statistical,  4052,  4057,  4058 131,133 

City  board  of  examiners,  to  state  school  commissioner,  4084 146 

Appointment  of,  report,  4077  143^ 

City  districts,  publication  of  reports,  4059 133 

Cleveland  library  board  of,  report,  4002-8  76 

Clerk  of  board  of  education,  of,  4052,  4057,  4058  131, 133 

Enumeration,  report  of,  to  auditor,  4035  126 

Failure  to  make,  other  person  to  be  appointed,  4060  134 

Financial,  publication  of,  4053    T 131 

Penalty  for  failure  to  make,  4061,  4062  134 

Teachers'  report  to  be  filed  with,  before  order  is  drawn  for  pay 

of,    4051    ! 130 

Colleges,  report  of,  363  11 

Copies  of  all  reports  may  be  required  by  the  state  commissioner,  358  10 

County  auditor,  to  state  commissioner,  4060 134 

Enumeration  returned  by,  to  state  commissioner,  4039   127 

Penalty  for  not  making,  or  for  making  fraudulent  reports,  4041 

4061,  4063   128,  134, 135 

Report  of  clerk  to,  failure  to  make,  auditor  may  appoint  other 

person,    4062    134 

County  board  of  examiners,  clerk  of,  to  make,  4070,  4072,  4076  .  .138,  140, 142 

Dayton  public  library  board,  to  report  to  board  of  education,  4002-38  87 

Enumeration  return  by  clerk  to  auditor,  4035   126 

County  auditor  to  state  commissioner,  4039    127 

Original  surveyed  township,  by  auditor,  4037  127 

Examiner  of  school  funds,  report  of,  365 12 

Libraries  in  certain  cities  and  villages,  report  of,  4002-43   89 

Ohio  State  University,  report  of  teachers,  4105-42  172 

Board  of  claims,  report  of,  4105-53 175 

Portsmouth  library  committee,  report  of,  4005   91 

Private  schools,  report  required,  363  11 

Probate  judge,  appointment  of  school  examiners,  4069  137 

State  commissioner  of  common  schools,  report  of,  361,  362 10, 11 

Superintendent  of  schools  of,  4059  133 

Teachers,  report  of,  4022-6,  4059   116,133 

Report  must  be  filed  with  clerk  before  order  is  drawn  for  pay  of, 

4051    130 

Toledo  library,  report  as  to,  4002-29 83 

Treasurer  of  board  of  education,  to  auditor,  4044  129 

'Truant  officer,  reports  of,  4022-5,  4022-9,  4022-10  115, 118, 

Penalty  for  failure  to  make,  4022-11 119 

Visitors  to  certain  endowed  schools,  to  report,  4105-72  180 

Wilberforce  University,  report  of  trustees,  4105-63  177 

Representative.     (See    General    Assembly.) 


248  OHIO   SCHOOL   LAWS. 


Index. 


Returns.     (See    Elections,    Reports.) 

Page. 
Revocation.     (See   Certificate.) 

Rules  and    Regulations. 

Board  of  education,  3985  57 

County  board  of  examiners,  for,  4070  138 

Libraries,  made  by  board  of  education,  for,  3998-10  66 

Cincinnati  library,  for,  3999a  69 

City  and  village  districts,  for,  4002-41  88 

Cleveland   library,  for,  4002-10    76 

Portsmouth  library,  for,  4005  91 

Toledo   library,    for,    4002-28    83 

Teachers'  pension  fund,  for,  3897i 25 

Vaccination,  rules  for,  3986    !  57 

S 
Sale. 

Board  of  education,  sale  of  property  by,  3971  53 

Text  books,  sale  of,  4020-10-4020-14 107-110 

Salt  and   Swamp    Lands. 

Proceeds  of  sale  of,  how  applied,  3952,  3952-1   42 

Salaries.     (See    Compensation.) 

May  be  increased,  but  not  diminished,  4017 103 

Scholarships. 

Stock  of  colleges,  etc.,  may  be  changed  into,  3730  182 

Schools. 

Admission  of  non-residents,  by  agreement  of  boards,  4022  112 

Children's  homes,  school  at,  4010  100 

Closing  of,  on  holidays,  4015  102 

During  session  of  teachers'  institute,  4091  150 

Continued,  must  be,  how  long,  4007  94 

Conveyance  of  pupils,  to,  3922,  3934  32,  38 

Deaf  children,  schools  for,  3901  27 

Dismissal  of,  on  holidays,  4015  102 

Teachers,  to  attend  institute,  4091  150 

Examination  of  schools,  by  city  boards  of  examiners,  4078  144 

Evening  schools,  4012,  4012o 101 

Free  to  whom,  4013 101 

German  language,  in,  4021  112 

Graduating  examinations  for  high  school  attendance,  4029-1 121 

High  schools,  4007-2-4009-15 95-99 

Teachers'  certificate  in,  4074  141 

Infirmary,  schools  at,  4010  100 

Janitor  of,  4017  103 

Number  of,  required,  4007  94 

Orphans'  asylum,  schools  at,  4010  100 

Physical  training  in,  4020-17  110 


OHIO   SCHOOL   LAWS.  249 


Index. 


Schools — Concluded. 

Page. 

Private  schools,  report  of,  363  11 

Pupils,  admission  of,  etc.,  4013  101 

Attendance  enforced,  4022-1  113 

Non-resident,  attendance  of,  4013,  4022,  4022a  101, 112 

Scientific  temperance  instruction,  in,  4020-23   Ill 

State  commissioner  of  common  schools,  as  to,  354 — 366 9-13 

Studies,   4007-1,   4007-2 94,  95 

Text  books,   in,   4020-10-4020-14 107-110 

Zanesville  charity  school,  4011   101 

School    Books.     (See  Text   Books.) 

School  Book  Commission. 

Membership  of,  4020-11   107 

Price  of  text  books,  maximum,  fixed  by,  4020-11  107 

Publishers,  failure  to  furnish  books,  action  by  commission,  4020-13 . .  108 

School   Districts.     (See  City,  Village,  Special   and  Township.) 

Classification  of,  3885   14 

Territory,  transfer  of,  3894,  3895 , 16 

School    Funds.     (See   Funds.) 
School    Houses. 

Advertising  by  board  of  education  for  bids  for  building,  etc.,  3988..  61 

Appropriation  of  land  for,  3990  62 

Boards  of  education,  to  provide,  3987   60 

Directions  for  bidding  for  and  letting  contracts,  3988 61 

Bonds  for,  3992,  3994  62,  63 

Building,  repairing,  etc.,  3987   60 

Contracts,  directions  for  bidding  and  letting,  3988 61 

Entertainments,  use  of  school  house  for,  3987-1 60 

Exempt  from  taxation  and  execution,  3973  54 

Flag,  display  of,  3986-1 57 

Taxation,  exempt  from,  3973   54 

Tax  levy  for,  when  and  how  submitted  to  voters,  3991 62 

Bonds  of,  3992    62 

Certificate  of  levy,  to  county  auditor,  3993 63 

School   Rooms. 

Renting  of  by  boards  of  education,  3987  60 

Schools   Specially    Endowed. 

Provisions  relating  to,  4105-67-4105-73 179, 180 

Scientific  Temperance. 

Board  of  education,  to  require  instruction,  in,  4020-23 Ill 

Educational  institutions,  required  to  teach,  4020-23  Ill 

Normal  schools,  instruction  in,  at,  4020-24 Ill 

Penalty  for  non-enforcement,  4020-25 112 

Regular  branch  of  study,  to  be,  4020-23  Ill 

State  commissioner  of  common  schools,  duties  as  to,  4020-24  Ill 

Teachers'  certificates,  not  granted  without  examination  in,  4020-24.  Ill 

Institute,  instruction  at,  4020-24   Ill 


250  OHIO   SCHOOL    LAWS. 


Index. 


Secretary  of   State. 

Page. 

Educational   institutions,  articles   of   incorporation   filed   with  sec- 
retary,  3726,  3762o    182,193 

Fees  of,  3762a    193 

School  book  commission,  is  a  member  of,  4020-11  107 

State  commissioner  of  common  schools,  bond  of,  to  be  filed  with, 

355   9 

Section  Sixteen. 

Enumeration  of  youth,  in,  4030  125 

Funds  derived  from,  investment  of,  3953,  3954  43 

Senator.     (See    General    Assembly.) 
Session. 

Schools  of,  length  of  time,  4007 94 

Settlement. 

Treasurer  of  district,  with  county  auditor,  4044,  4045  129 

Sinking    Fund. 

Board  of  education  shall  establish,  when,  3970-1 50 

Board   of   commissioners   of,    3970-1 50 

Investment  of,  3970-2    50 

Orders  on,  how  drawn,  3970-4  51 

Refunding  debt,  3970-3  51 

Report  by  clerk  of,  3970-4  51 

Securities  may  be  sold,  3970-2  50 

Sites. 

Board  of  education  to  furnish,  3987  60 

Bonds  for,  3992,  3994  62,  63 

Solicitor.     (See  City  Solicitor. 
Special    Districts. 

Abandoned,   how,   3935    38 

Board  of  education,  membership  of,  3930 37 

-Election  of,  3930   37 

Organization  of,  3933  38 

Terms  of  members,  3930   37 

Classification   of,   3885,   3891    14, 16 

Clerk  of  board  of  education,  election  of,  3933  38 

Compulsory   attendance   in,   4022-1-4022-14 113-120 

Conveyance  of  pupils,  3934  38 

Continuance  of  district,  3935 38 

Created  by  act  of  general  assembly,  legalized,  3928  35 

Defined,  3891 16 

Election  in,  how  conducted,  3931   37 

In  new  district,  3932 37 

On  abandonment,  3935  38 

Established  by  petition,  3928,  3929 35,  36 


OHIO   SCHOOL   LAWS.  251 


Index. 


Special   Districts — Concluded. 

Page. 

Funds,  division  of  on  creation  of,  3929  36 

Officers  of,  continued  in  office,  3928  35 

President,  election  of,  3933 38 

Tax  levy,  maximum  for,  3959  45 

Territory  transferred  from  one  district  to  another,  3894,  3895 16 

Treasurer,  election  of,  4042 128 

Tuition,  payment  of  under  "Patterson  law,"  4029-3  123 

Special    Meetings. 

Boards  of  education,  of,  397.8  55 

Notice  necessary,  3978 55 

State    Board  of   Examiners. 

Appointment  of,  4065  136 

Certificates  issued  by,  4066  136 

Compensation  of  members,  4068   137 

Examination  fees,  disposition  of,  4068   137 

Term  of  members,  4065 136 

Vacancies  in,  how  filled,  4065 ! 136 

State    Commissioner    of    Common    Schools. 

Appeal  to,  by  applicants  for  teachers'  certificate,  4085   146 

Board  of  examiners,  report  of  appointment  of  members  of,  to,  4069, 

4077    137, 143 

Report  of  board,  to,  4076,  4084  142, 146 

Bond  of,  355   9 

Books  and  papers,  preservation  of,  356 9 

City  districts,  may  sub-divide  when  board  fails  to  act,  3897 19 

Colleges,  reports  of,  to,  363 11 

County  auditor,  reports  of,  to,  4039,  4060  127, 134 

DUTIES. 

Attendance  of,  at  office,  required,  356 9 

Certificate  to  county  auditor  for  receipt  of  reports,  4064 135 

Examination  questions,  uniform  system  prescribed,  duties  as  to, 

4071o    139 

Forms  prepared,  and  furnished,  by,  359,  360,  4058  10, 133 

Laws,  preparation  and  distribution  of,  36'0 10 

School  funds,  investigation  of,  duties  as  to,  364  11 

Scientific  temperance  instruction,  duty  as  to,  4020-23-4020-25..  111,112 

Visitations  by,  357   10 

Election  of,  354   9 

Enumeration  return  to,  4039  127 

Action  by,  when  enumeration  excessive,  4040  128 

Forms  for  blank  books,  report  blanks,  etc.,  prepared  by,  359,  360, 

4058   10, 133 

High  schools,  shall  classify,  4007-6 97 

Office  of,  where  located,  356 9 

Report  of,  publication,  contents,  362  11 

Copies  of  all  reports  of  school  officers  and  any  other  information 

may  be  required  by  the  commissioner,  358,  4058  10, 133 


OHIO   SCHOOL  LAWS. 


Index. 


State    Commissioner   of    Common    Schools — Concluded. 

Page. 

School  book  commission,  is  a  member  of,  4020-11 107 

School  funds,  supervision  over,  358,  364 10, 11 

State  board  of  examiners,  appointment  of  members,  by,  4065 136 

State  certificates,   countersigned   by,   4067 137 

Superintendent  or  teacher,  commissioner  shall  not  be,  356  9 

Teachers'  institute,  report  of,  to,  4086,  4088,  4094  148,  149, 151 

Commissioner  may  hold  institute,  when,  4090 149 

Term  of,  354 

Text  books,  filed  at  office  of,  4020-10  107 

Notice  to  boards  of  education,  4020-12 108 

Price,  maximum,  fixing  cf,  40^0-11     107 

Publishers'  list  price,  filing  of,  4020-10 107 

Notification  to,  4020-11   107 

Vacancy  in  office,  of,  how  filled,  354 9 

State    Common    School    Fund.     (See    Funds.) 

State   Certificate.     (See   Certificate.) 

State  School  Book  Commission.     (See  School  Book  Commission.) 

State    Treasurer. 

Bond  of  state  commissioner  of  common  schools,  to  be  filed  with,  355  9 

Statistics. 

Report  of,  4052,  4057,  4058,  4059,  4060   131,  133, 134 

Statutes. 

Interpretation  of   7 

Stockholder. 

Educational  institutions,  assessments  of,  3753-3756  191, 192 

Studies.      (See    Branches   of   Study.) 
Sub-districts.     (See   Director.) 

City  districts,  certain  cities  shall  be  sub-divided,  3897  19 

Redistricting,  3897  19 

State  school  commissioner  to  act  when  board  fails,  3897 19 

Township  districts,  election  of  director,  powers  and  duties,  3921a..  31 

Enumeration  taken  by  director,  3921c 31 

Existing  sub-districts  recognized  for  school  attendance,  3921 31 

Change  of,  3921 31 

Summons. 

Board  of  education,  summons  for,  3976   55 

Superintendent  of  Buildings. 

Appointment  of  by  board  of  education,  4017   103 

Superintendent   of  Schools. 

Appointment  of,  4017,  4017a   103, 105 

Board  of  education,  elected  by,  4017,  4017a 103, 105 


OHIO   SCHOOL   LAWS.  253 


Index. 


Superintendent  of  Schools — Concluded. 

Page. 

City  boards  of  examiners,  to  give  information  to,  4078  144 

Compensation  of  fixed  by  board  of  education,  4017 103 

Duties  of,  4017a  105 

Employment  of,  4017,  4017a 103, 105 

Order  for  pay  of,  when  illegal,  4051   130 

Penalty  for  failure  to  enforce  temperance  instruction  law,  4020-25..  112 

Private  teacher,  is  judge  of  qualifications  of,  4022-1,  4022-3  114 

Pupils  may  be  excused  from  attendance  by,  4022-1  113 

Suspension  of,  by,  4014   102 

Reports  required  of,  4052,  4057-4059   131, 133 

Teacher,  shall  appoint  in  city  districts,  4017a 105 

Suspension  of  by,  4017a 105 

Term  of,  maximum,  4017,  4017a  103, 105 

Truant  officer,  directions  to,  by  superintendent,  4022-5,  4022-7  115, 116 

Report  of,  to  superintendent,  4022-5   115 

Suspension. 

Director  in  city  districts,  may  be,  4017  103 

Pupils  may  be  suspended  from  schools,  4014   102 

Schools  may  be  suspended  in  sub-districts,  when,  3922  32 

Discontinued  in  sub-districts,  when,  3927-2 33 

Schools  specially  endowed,  suspension  of  trustees  of,  4105-68 179 

Teacher  may  be,  by  superintendent  in  city  districts,  4017a 105 

Swamp  Lands. 

Interest  upon  proceeds  of  sale  of,  disposition  of,  3952,  3952-1 42 

T 

Tax. 

Board  of  education,  regular  tax  levy,  by,  3958   45 

Certificate  of,  to  county  auditor,  3960  46 

Maximum  levy  by,  authorized,  3959   45 

Special  levy  by,  election  for,  3993  63 

Cleveland,  for  library  purposes,  how  expended,  4002 74 

Library   property  in,  exempt  from,  4002-5    75 

Manual  training  school,  tax  for,  4020-18  110 

Sinking  fund  for  library  board,  4002-16 79 

Compulsory  education  law,  tax  authorized,  when,  4D22-13  120 

Dayton,  for  library  purposes,  4002-35,  4002-36  85 

Election  on  question  of  special  levy,  3959,  3991 45,  62 

High  schools,  township  districts,  tax  for,  4009-2 98 

Township  or  joint  township  high  school,  election  on  question  of 

levy  for,  4009-15    102 

Election  not  necessary,  when,  4009-15  102 

Library,  levy  for  in  certain  cities  and  villages,  4002-39-4002-45 87-89 

City  districts,  second  class,  fourth  grade,  tax  for,  4002-46-4002-49  89,  90 

Maximum  levy  for  all  districts,  3959   45 

Ohio  State  University,  tax  for,  3951  41 

Ohio  University,  lands  of,  on,  4105-4,  4105-6,  4105-7   161 

Portsmouth,  tax   for   library,  4006    91 


254  OHIO   SCHOOL   LAWS. 


Index. 


Tax — Concluded. 

Page. 

Property  of  board  of  education,  exempt  from,  3973 54 

School  property,  exempt  from  taxation,  Art.  12,  Sec.  2,  3973 6,  54 

School  tax  paid  by  non-residents  to  be  credited  on  tuition,  4013 101 

Special  levy,  election  on  question  of,  3991  62 

Certificate  of,  to  county  auditor,  3993   63 

State  school  tax,  3951   41 

Tax  levy,  maximum  for  schools,  3959  45 

Estimate  for,  certified  to  county  auditor,  3960 46 

Levy  to  exceed  maximum,  must  be  submitted  to  vote,  3959 45 

Universities  of  municipalities,  for,  4104  159 


Teachers. 

Appointment  of,  4017,  4017o   103, 105 

Certificate,  granting  of,  4066,  4073,  4081   136,  140, 145 

Branches  of  study  necessary,  4020-24,  4074,  4078  Ill,  141, 144 

Elementary,    4074    141 

Fee  required  for,  4068,  4071  137, 139 

High   school,    4074    141 

Original  or  copy  must  be  filed  with  the  clerk  of  the  board  of  ed- 
ucation, 4051 130 

Prerequisite  to  employment  of,  4051,  4074  130, 141 

Revocation  of,  4067,  4073,  4081    137,  140, 145 

Special,   4074    141 

Compensation  of,  how  fixed,  4017  103 

Dismissal  of,  4009-1,  4017,  4017a  98,  103, 105 

For  insufficient  cause,  may  institute  suit,  4019  106 

Duties  of,  4018  106 

Elementary  schools,  certificates  for,  4074  141 

Employed  as,  who  may  be,  4074   141 

Epidemic,  shall  receive  pay  when  schools  are  closed  on  account  of, 

4017    103 

Examination  of,  for  certificates,  4071,  4071a,  4073,  4074,  4078,  4080, 

4081    139,  140,  141,  144, 145 

Forms  relating  to 201, 214 

High  schools  in  townships,  teachers  in,  4009-1  98 

Certificates  for,  what  required,  4074 141 

Holidays,  may  dismiss  schools  on,  4015  102 

Institute,  may  organize,  4086,  4092  148, 150 

Schools  may  be  dismissed  for  teachers  to  attend,  4091 150 

Teachers  shall  receive  pay  for  attendance,  4091   150 

Investigation  of,  by  county  examiners,  4073   140 

Janitor  work  not  required  of,  4018  '. 106 

Order  for  pay  of,  when  illegal,  4051  130 

Pension  fund.     (See  pension  fund  for  teachers.)  « 

Qualifications  for  employment  in  schools,  4020-24,  4074  Ill,  141 

Report  of  schools,  required  by,  4022-6,  4051,  4059   116,  130,133 

Scientific  temperance,  must  be  examined  in,  4020-24   Ill 

State  commissioner  of  common  schools,  duties  as  to,  357,  4085 10,146 

Suspension  of  pupils  by,  4014   102 

Term  of  appointment,  maximum,  4017,  4017a 103, 105 


OHIO  SCHOOL   LAWS.  255 


Index. 


Teachers'   Institute. 

Page. 

Bond  of  executive  committee,  4086  148 

Forfeiture  of  bond,  4089  149 

City  districts,  institutes  for,  4092 150 

Funds  for,  how  provided,  4072,  4084   140, 146 

County  auditor  to  pay  to  executive  committee,  4087  149 

Unexpended  balance  to  be  returned  to  county  treasury,  4087 149 

Organization  of,  4086  148 

Purpose  of,  4086    148 

Report  to  state  commissioner  of  common  schools,  4088,  4094 149, 151 

Penalty  for  failure  to  report,  4088 149 

Scientific  temperance,  instruction  in,  required,  4020-25   112 

Sessions,  length  of,  4094 149 

State  commissioner  of  common  schools,  to  visit,  357 10 

May  hold  institute,  when,  4090  149 

Teachers  may  dismiss  school  to  attend,  4091  150 

Shall  receive  pay  for  attendance,  4091 150 

Temperance.     (See   Scientific   Temperance.) 
Territory. 

Annexed  for  school  purposes,  3893  16 

Detached  for  school  purposes,  3886,  3888,  3890  . . . .- 15, 16 

Transfer  of,  3894,  3895   16 

Text    Books. 

Adoption  of  by  boards  of  education,  4020-14 108 

Board  of  education,  may  appoint  agent  for  sale  of,  4020-14 108 

Failure  of  publishers  to  furnish,  action  taken  by  board,  4020-13..  108 

Notice  to,  of  publishers  entitled  to  sell  books,  4020-12 108 

Purchase  and  sale  of,  by,  4020-14  108 

Exchange  of,  with  pupils,  4020-14 108 

Failure  of  publishers  to  furnish,  action  to  be  taken  by  commission, 

4020-13 108 

Filing  of,  in  office  of  state  school  commissioner,  4020-10   107 

Free  school   books,  4026    121 

Notice  to  publishers,  4020-11    107 ' 

Price  of,  how  fixed,  4020-11  ' 107 

Publishers'   price,  filing  of,  4020-10    107 

School  Book  Commission,  how  constituted,  duties,  4020-11,  4020-13..  107,108 

Thanksgiving  Day. 

Dismissal  of  schools,  on,  4015  102 

Tie  Vote. 

Election  of  member  of  board  of  education,  tie  vote  decided  by  lot, 

3970-10    52 

Toledo. 

LJBRABY. 

Access  to,  free  to  residents  of  city,  4002-28  83 

Board  of  trustees,  4002-21 80 

Bonds,  for  library,  4002-23,  4002-24,  4002-27   80,82,83 


256  OHIO   SCHOOL   LAWS. 


Index. 


Toledo — Concluded. 

Page. 

Donations,  trustees  may  accept,  4002-31  84 

Establishment  of,  tax  for,  4002-19  79 

Librarian  and  assistants,  employment  of,  4002-23   80 

Management    of,    4002-21    80 

Organization  of  board,  powers,  duties,  4002-23 80 

Penalty. for  injuring  library  property,  4002-30  84 

Report  of  trustees,  4002-29   83 

Site  for  library,  how  acquired,  4002-25-4002-26 82,  83 

Transfer  of  property  from  board  of  education  to  library  board, 

4002-22    80 

University  of  Toledo,  provisions  applying  to,  4095-4105 155-160 

Toledo    University. 

Provisions  applying  to,   4095-4105 155-160 

Township  Districts. 

Attached  territory,  assignment  of,  3916  30 

Electors  in,  voting  of,  3916  30 

Board  of  education,  election  of,  3915,  3970-10  30,  52 

Meetings    of,    3920    31 

Special  meetings,  how  called,  3978 55 

Membership  of,  3915   30 

Organization  of,   3920    31 

Centralization    of,   3922,   3927-2    32,33 

Classification  of,  3885,  3890  14, 16 

Clerk  of.     (See  clerk  of  board  of  education.) 

Commencements,  held  in,  4029-1  121 

Expenses  of,  how  paid,  4029-2  122 

Compulsory  attendance,   in,   4022-1-4022-14 113-120 

Contingent  fund,  apportionment  to,  3964,  3966 46,  47 

Defined,   3890    16 

Director,  election  of,  39zla  31 

Enumeration  taken  by,  3921a 31 

Powers  and  duties  of,  3921o   31 

Forms  relating  to    201-214 

High  schools  in,  4009,  4009-1,  4009-2,  4009-15  97,  98,  99 

Joint  sub-districts  abolished,   3923    32 

Attached  to  township  district,  3923  32 

Map  of,  filed  with  county  auditor,  3923  32 

Map  of,  3921   31 

Sub-districts  recognized  for  school  attendance,  3921  31 

Discontinued,  when,  3922,  3927-2    32,  33 

Number  of  schools  required  in,  4007  94 

Schools  of,  continued  same  length  of  time,  4007 94 

Tax  levy  authorized,  maximum,  3959   45 

Teacher,  election  of,  in,  4017,  4Q17a  '. 103, 105 

Territory  transferred,  how,  3894,  3895    16 

Treasurer  of.     (See  treasurer  of  board  of  education.) 

Tuition,  payment  of  to  high  school,  4022,  4029-3  112, 123 


OHIO   SCHOOL   LAWS.  257 


Index. 


Township   Treasurer.     (See   Treasurer   of    Board   of    Education.) 

Page. 

Board  of  education,  is  ex  offlcio  treasurer  of,  4042  128 

Township  Trustees. 

Corpse,  surrender  of  by,  for  dissection,  3763 195 

Relief  of  indigent  children,  to  secure  school  attendance,  4022-9 118 

Vaccination  of  pupils,  duties  as  to,  3986  157 

Transfer. 

Pupils  of,  from  one  district  to  another,  4022 112 

Assignment  of,  4013  101 

When  pupil  lives  more  than  one  and  one-half  miles  from  school, 

4022a   112 

Territory  from  one  district  to  another,  3894,  3895  16 

Form  for 207 

Transportation. 

Centralized  townships,  of  pupils  in,  3927-2 ,- 33 

Special  districts,  of  pupils  in,  3934 38 

Sub-districts,  of  pupils  in,  3922 32 

Traveling    Expenses. 

Examiner  of  school  funds,  of,  365 12 

State  examiners,  of,  4068 137 

Treasurer  of  Board  of  Education. 

Accounts  of,  how  kept,  4055 131 

3ond  of,  execution  of,  4043 128 

Copy  of,  to  be  filed  with  county  auditor,  4043 128 

Funds  must  be  produced  and  counted,  on  filing  of  bond,  4043....  128 

»          New  bond  may  be  required,  4043 128 

Release  of  surety,   on,   4043 128 

Compensation  of,  4056 132 

Disbursements  by,  4047 130 

Election  of,  4042 128 

Forms  relating  to 201-214 

Funds,  amount  treasurer  may  hold,  4048 130 

Orders  on,  how  drawn,  4047 130 

Receipt  of  moneys,  by,  3960,  4047 46, 130 

School  district,  treasurer  of,  how  selected,  4042 128 

Settlement  with  county  auditor,  4044 129 

Penalty  for  failure  to  make,  4045 129 

Successor,  delivery  of  property  to,  4049 130 

Teachers'  institute  in  city  districts,  funds  of,  to  be  paid  to  county 

treasurer,   when,    4092 150 

Term  of,  4042 128 

Treasurer    of    County.     (See    County    Treasurer.) 

Trial. 

Blind  children,  hearing  to  determine  advisability  of  sending  to  state 

institution,    for,    4022-10 118 

17  S.  L. 


258  OHIO  SCHOOL  LAWS. 


Index. 


Trial — Concluded.  .  » 

Page. 

Deaf  and  dumb  children,  hearing  to  determine  advisability  of  send- 
ing to  state  institution,  for,  4022-10 118 

Juvenile  disorderly  persons,  proceedings  against,  4022-8 117 

Parents,  proceedings  against  for  failure  to  compel  children's  attend- 
ance at  school,  4022-7 116 

Teacher,  trial  of,  by  county  examiners,  4073,  4081 140, 145 

Truant. 

Forms   relating   to    truancy 210-214 

Juvenile  disorderly  person,  truant  is,  4022-4 115 

Penalties,  4022-8,  4022-12 117, 120 

Proceedings  against,  4022-7,  4022-8 116, 117 

Report,  by  principal  and  teachers,4022-6 '       116 

Truant  Officer. 

Complaint  by,  against  child,  4022-8 117 

Deaf,  dumb  and  blind  children,  report  of,  4022-10 118 

Forms  relating  to  duties  of 210-214 

Notice   to   parents,   4022-7 116 

Parent,  warning  to,  by,  4022-7 116 

Penalty,  for  neglect  of  duty,  4022-11,  4022-12 119,  120 

Powers  and  duties,  4022-5 115 

Relief  of  indigent  cnild,  report  on,  4022-9 118 

Report  to,  by  principals  and  teachers,  4022-6 116 

Trustees.     (See  Township  Trustees.) 

Universities  of  municipalities,  trustee  of  property  of,  4097 156 

Educational  institutions,  trustees  of,  372C-3771  a 182-199 

Ohio  State  University,  of,   4105-10-4105-48 162-173 

Schools  specially  endowed,  trustees  of,  4105-67-4105-73 179,180 

Toledo  public  library,  of,  4002-21-4002-31 80,  84 

Wilberforce  University,  of,  4105-54-4105-65 175-177 

Tuition. 

Free,  when,  4013 101 

Non-residents,  entitled  to  credit  of  school  tax  paid  within  the  dis- 
trict, 4013   101 

Payment  of,  by  agreement  between  the  boards  of  education,  4022. . . .  112 

For  "Patterson"  graduates,  4029-3 123 

Pupils  residing  more  than  one  and  one-half  miles  from  school,  pay- 
ment   of,    4022o 112 

U 
United    States    Military    District. 

Enumeration  of  youth   in,  4030 125 

Funds  derived  from  sale  of  lands  in,  disposition  of,  3953,  3954 43 

University.     (See   Colleges  and    Universities.) 


OHIO   SCHOOL   LAWS.  259 


Index. 


University  of  Cincinnati. 

Page. 

Admission  to,  regulated,  4100 158 

Bequests,   may   accept,   4095 155 

Board  of  directors,  appointment  of,  4098-1 157 

Powers  and  duties  of,  4099 157 

Vacancies  in,  how  filled,  4098-1 157 

Degrees,    when   conferred,    4102 158 

Funds,  application   of,  4096 155 

Accounts  of,  how  kept,  4101 158 

Site  and    grounds,   4103 159 

Tax  for,  how  levied,  4104 159 

University  of  Toledo.     (See  Toledo  .University.) 

V 
Vacancy. 

Board  of  education  in,  how  filled,  3981 56 

Cincinnati  library  trustees,  vacancy  in,  3999 67 

City  board  of  examiners,  in,  4077 143 

County  board  of  examiners,  how  filled,  4069 137 

Director  in  township  districts,  how  filled,  3921a 31 

Educational  institutions,  in  board  of  trustees,  how  filled,  3733 183 

Ohio  State  University,  in  board  of  trustees,  how  filled,  4105-38 171 

Schools  specially  endowed,  board  of  trustees  of,  4105-68 179 

State  board  of  examiners,  how  filled,  4065 136 

State  commissioner  of  common  schools,  in  office  of,  354 9 

Toledo   library  board,   how  filled,   4002-21 80 

Wilberforce  University,  in  board  of  trustees,  4105-57 175 

Vaccination. 

Free  in  certain  cases,  3986 67 

Rules  in  regard  to  in  schools,  3986 57 

Village    Districts. 

Abandonment  of,  3889 15 

Advancement  to,  3889 15 

Attached    territory,    assignment   of,    3910 

Electors,  voting  in,  3910 28 

Board  of  education,  election  of,  3908,  3909,  3970-10 

Meetings   of,   3911 29 

Membership  of  3908,  3909 28 

Organization  of,  3911 29 

Classification  of,  3885,  3888 14, 15 

Clerk  of.     (See  clerk  of  board  of  education.) 

Compulsory  attendance  in,  4022-1-4022-14    113-120 

Defined,  3888 15 

Election  in  newly  created  village,  3909 28 

Libraries,  may  be  established  in,  3998-6,  4002-39-4002-45 65,  87-89 

Tax  levy  for,  maximum,  3959 45 

Transfer  of  territory,  3894,  3895 16 

Treasurer  of.     (See  treasurer  of  board  of  education.) 

Village  shall  become  village  district,  3889 IB 


260  OHIO   SCHOOL   LAWS. 


Index. 


Virginia   Military   District. 

Page. 
Accepting  certain  lands  in,  ceded  to  Ohio  by  the  United  States,  4105-iy 

-4105-25  164-1G8 

Copies  of  entries  an-i  surveys  to  be  made  in  certain  counties  in, 

4105-48  i 173 

Damage  to  lands  in,  4105-20 . .  164 

Deed  for  lands  in,  4105-48 173 

Division  and  appraisal  of  lands  in,  4105-22 166 

Enumeration  of  youth  in,  4030 126 

Relief  for  money  wrongfully  paid,  for,  4105-50 174 

Sale  of  lands,  4105-23 166 

Title  to  lands,  where  vested,  4105-21 165 

Visitors.      (See   Board    of  Visitors.) 
Vouchers.     (See  Order.) 

w 

Wages.     (See  Compensation.) 
Washington's   Birthday. 

Dismissal  of  schools,  on,  4015 102 

Week. 

School   week,  length   of,   4016 103 

Wilberforce  University. 

Normal  and  industrial  department  of,  4105-54 175 

Admission  to,  free,  of  appointee  of  member  of  general  assembly, 

4105-64    177 

Appropriation  for,  4105-62,  4105-65,  4105-66    177,178 

Board  of  trustees,  appointmenfof,  4105-55,  4105-56,  4105-58 175, 176 

Expenses  of,  4105-59 17fi 

Meetings  of,  4105-59 176 

Powers  and  duties  of,  4105-60 176 

Report  of,  4105-63 177 

Vacancies  in,  how  filled,  4105-57 175 

Bond  of  treasurer,  4105-62 17? 

Funds  of,  4105-62 177 

Non-sectarian  department,  4105-61  176 

Tax    levy    for,    4105-65 177 

Woman. 

Registration  of,  3970-12 53 

Vote  for  school  officers,  entitled  to,  3970-12  62 

Y 
Year. 

Annual    enumeration,    4030 125 

School  year,  length  of,  4016 103 

Time  schools  must  be  continued  in  year,  4007 94 


OHIO  SCHOOL  LAWS.  261 


Index. 


Yeas  and   Nays. 

Page. 
Board  of  education,. yea  and  nay  vote  of,  must  be  taken  in  certain 

cases,    3982 56 

Youth. 

Assignment  of,  to  schools,  by  board  of  education,  4013 101 

Attendance  at  school,  free,  when,  4013 101 

Attendance   of,    enforced,   4022-1-4022-14 113-120 

Enumeration    of,    4030-4041 r 125-128 

Employment  of,   unlawful,   when,   4022-2,   4022-3 114 

Non-residents,  can  attend  school,  under  what  conditions,  4013,  4022, 

4022o,  4029-1-4029-4   101,  112,  121-124 

z 

Zanesville. 

Charity  school  at,  children  may  be  sent  to,  when,  4011 101 


UC  SOUTHERN_REGIONAl.  UBRARY  FACJUT 


